Union Calendar No. 109
118th CONGRESS 1st Session |
[Report No. 118–138]
To amend title 49, United States Code, to reauthorize and improve the Federal Aviation Administration and other civil aviation programs, and for other purposes.
June 9, 2023
Mr. Graves of Missouri (for himself, Mr. Larsen of Washington, Mr. Graves of Louisiana, and Mr. Cohen) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
July 11, 2023
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 9, 2023]
To amend title 49, United States Code, to reauthorize and improve the Federal Aviation Administration and other civil aviation programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title.—This Act may be cited as the “Securing Growth and Robust Leadership in American Aviation Act”.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 101. Airport planning and development and noise compatibility planning and programs.
Sec. 102. Facilities and equipment.
Sec. 103. Operations.
Sec. 104. Extension of miscellaneous expiring authorities.
Sec. 121. FAA leadership.
Sec. 122. FAA management board.
Sec. 123. Prohibition on conflicting pecuniary interests.
Sec. 124. Authority of Secretary and Administrator.
Sec. 125. Review of FAA rulemaking processes.
Sec. 126. Office of Innovation.
Sec. 127. Frank A. LoBiondo National Aerospace Safety and Security Campus.
Sec. 128. Technical Center for Advanced Aerospace.
Sec. 129. Office of NextGen sunset.
Sec. 130. FAA Ombudsman.
Sec. 131. Project dashboards and feedback portal.
Sec. 132. Sense of Congress on FAA engagement during rulemaking activities.
Sec. 133. Civil Aeromedical Institute.
Sec. 134. Management advisory council.
Sec. 135. Aviation noise officer.
Sec. 136. Chief Operating Officer.
Sec. 137. Report on unfunded capital investment needs of air traffic control system.
Sec. 138. Chief Technology Officer.
Sec. 139. Definition of air traffic control system.
Sec. 140. Peer review of Office of Whistleblower Protection and Aviation Safety Investigations.
Sec. 141. Cybersecurity lead.
Sec. 142. Reducing FAA waste, inefficiency, and unnecessary responsibilities.
Sec. 201. Reexamination of pilots or certificate holders.
Sec. 202. GAO review of Pilot’s Bill of Rights.
Sec. 203. Expansion of BasicMed.
Sec. 204. Data privacy.
Sec. 205. Prohibition on using ADS–B data to initiate an investigation.
Sec. 206. Prohibition on N–Number profiteering.
Sec. 207. Accountability for aircraft registration numbers.
Sec. 208. Timely resolution of investigations.
Sec. 209. Expansion of volunteer pilot organization definition.
Sec. 210. Charitable flight fuel reimbursement exemptions.
Sec. 211. GAO report on charitable flights.
Sec. 212. All makes and models authorization.
Sec. 213. Response to letter of investigation.
Sec. 221. ADS–B safety enhancement incentive program.
Sec. 222. GAO report on ADS–B technology.
Sec. 223. Protecting general aviation airports from FAA closure.
Sec. 224. Ensuring safe landings during off-airport operations.
Sec. 225. Airport diagram terminology.
Sec. 226. Alternative ADS–B technologies for use in certain small aircraft.
Sec. 227. Airshow safety team.
Sec. 228. Tower marking notice of proposed rulemaking.
Sec. 241. Aircraft registration validity during renewal.
Sec. 242. Temporary airman certificates.
Sec. 243. Flight instruction or testing.
Sec. 244. Letter of deviation authority.
Sec. 245. National coordination and oversight of designated pilot examiners.
Sec. 246. BasicMed for examiners administering tests or proficiency checks.
Sec. 247. Designee locator tool improvements.
Sec. 248. Deadline to eliminate aircraft registration backlog.
Sec. 249. Part 135 air carrier certificate backlog.
Sec. 250. Logging flight time accrued in certain public aircraft.
Sec. 251. Flight instructor certificates.
Sec. 252. Consistency of policy application in flight standards and aircraft certification.
Sec. 253. Application of policies, orders, and guidance.
Sec. 254. Expansion of the regulatory consistency communications board.
Sec. 255. Exemption of fees for air traffic services.
Sec. 256. Modernization of special airworthiness certification rulemaking deadline.
Sec. 257. Termination of designees.
Sec. 258. Part 135 check airmen reforms.
Sec. 261. Required consultation with National Parks Overflights Advisory Group.
Sec. 262. Supplemental oxygen regulatory reform.
Sec. 263. Exclusion of gyroplanes from fuel system requirements.
Sec. 264. Airshow venue information, awareness, training, and education program.
Sec. 265. Low altitude rotorcraft and powered-lift operations.
Sec. 266. BasicMed in North America.
Sec. 267. Eliminate aviation gasoline lead emissions.
Sec. 301. Extension of aviation workforce development programs.
Sec. 302. Improving aviation workforce development programs.
Sec. 303. National Center for the Advancement of Aerospace.
Sec. 304. Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Program.
Sec. 305. Repeal of duplicative or obsolete workforce programs.
Sec. 306. Civil airmen statistics.
Sec. 307. Bessie Coleman Women in Aviation Advisory Committee.
Sec. 308. Establishing a comprehensive web-based aviation resource center.
Sec. 309. Direct hire authority from UAS Collegiate Training Initiative.
Sec. 311. Joint aviation employment training working group.
Sec. 312. Airman knowledge testing working group.
Sec. 313. Airman Certification System Working Group and timely publication of standards.
Sec. 314. Air traffic control workforce staffing.
Sec. 315. Aviation safety workforce assessment.
Sec. 316. Military aviation maintenance.
Sec. 321. Airman’s medical bill of rights.
Sec. 322. Improved designee misconduct reporting process.
Sec. 323. Report on safe uniform options for certain aviation employees.
Sec. 324. Extension of Samya Rose Stumo national air grant fellowship program.
Sec. 325. Promotion of civil aeronautics and safety of air commerce.
Sec. 326. Educational and professional development.
Sec. 327. Human factors professionals.
Sec. 328. Aeromedical innovation and modernization working group.
Sec. 329. Frontline manager workload study.
Sec. 330. Age standards for pilots.
Sec. 401. AIP definitions.
Sec. 402. Revenue diversion penalty enhancement.
Sec. 403. Extension of competitive access report requirement.
Sec. 404. Renewal of certain leases.
Sec. 405. Community use of airport land.
Sec. 406. Price adjustment provisions.
Sec. 407. Allowable project costs and letters of intent.
Sec. 408. Small airport letters of intent.
Sec. 409. Prohibition on use of AIP funds to procure certain passenger boarding bridges.
Sec. 410. Fuel infrastructure.
Sec. 411. Apportionments.
Sec. 412. PFC turnback reduction.
Sec. 413. Transfer of AIP supplemental funds to formula program.
Sec. 414. Small airport fund.
Sec. 415. Revision of discretionary categories.
Sec. 416. Terminal development.
Sec. 417. State block grant program.
Sec. 418. Innovative financing techniques.
Sec. 419. Long-term management plans.
Sec. 420. Alternative project delivery.
Sec. 421. Nonmovement area surveillance surface display systems pilot program.
Sec. 422. Repeal of obsolete criminal provisions.
Sec. 423. Limitation on certain rolling stock procurements.
Sec. 424. Regulatory application.
Sec. 425. National priority system formulas.
Sec. 426. Minority and disadvantaged business participation.
Sec. 427. Airport access roads in remote locations.
Sec. 428. Limited regulation of nonfederally sponsored property.
Sec. 429. Motorcoach enplanement pilot program.
Sec. 430. Populous counties without airports.
Sec. 431. Continued availability of aviation gasoline.
Sec. 432. AIP handbook update.
Sec. 433. GAO audit of airport financial reporting program.
Sec. 434. GAO review of nonaeronautical revenue streams at airports.
Sec. 435. Maintaining safe fire and rescue staffing levels.
Sec. 436. GAO study of onsite airport generation.
Sec. 437. Transportation demand management at airports.
Sec. 438. Coastal airports assessment.
Sec. 439. Airport investment partnership program.
Sec. 440. GAO study on per-trip airport fees for TNC consumers.
Sec. 441. Special rule for reclassification of certain unclassified airports.
Sec. 442. Permanent solar powered taxiway edge lighting systems.
Sec. 443. Secondary runways.
Sec. 444. Increasing the energy efficiency of airports and meeting current and future electrical power demands.
Sec. 445. Electric aircraft infrastructure pilot program.
Sec. 446. Curb management practices.
Sec. 461. PFC application approvals.
Sec. 462. PFC authorization pilot program implementation.
Sec. 471. Streamlining consultation process.
Sec. 472. Repeal of burdensome emissions credit requirements.
Sec. 473. Expedited environmental review and One Federal Decision.
Sec. 474. Subchapter III definitions.
Sec. 475. Pilot program extension.
Sec. 476. Part 150 noise standards update.
Sec. 477. Reducing community aircraft noise exposure.
Sec. 478. Categorical exclusions.
Sec. 479. Critical habitat on or near airport property.
Sec. 480. Updating presumed to conform limits.
Sec. 481. Recommendations on reducing rotorcraft noise in District of Columbia.
Sec. 482. UFP study.
Sec. 483. Aviation and airport community engagement.
Sec. 484. Community Collaboration Program.
Sec. 485. Third party study on aviation noise metrics.
Sec. 486. Information sharing requirement.
Sec. 501. Zero tolerance for near misses, runway incursions, and surface safety risks.
Sec. 502. Global aviation safety.
Sec. 503. Availability of personnel for inspections, site visits, and training.
Sec. 504. Helicopter air ambulance operations.
Sec. 505. Global aircraft maintenance safety improvements.
Sec. 506. ODA best practice sharing.
Sec. 507. Training of organization delegation authority unit members.
Sec. 508. Clarification on safety management system information disclosure.
Sec. 509. Extension of Aircraft Certification, Safety, and Accountability Act reporting requirements.
Sec. 510. Don Young Alaska Aviation Safety Initiative.
Sec. 511. Continued oversight of FAA compliance program.
Sec. 512. Scalability of safety management systems.
Sec. 513. Finalize safety management system rulemaking.
Sec. 514. Improvements to aviation safety information analysis and sharing.
Sec. 515. Improvement of certification processes.
Sec. 516. Instructions for continued airworthiness aviation rulemaking committee.
Sec. 517. Clarity for supplemental type certificate requirements.
Sec. 518. Use of advanced tools in certifying aerospace products.
Sec. 519. Transport airplane and propulsion certification modernization.
Sec. 520. Engine fire protection standards.
Sec. 521. Risk model for production facility inspections.
Sec. 522. Secondary cockpit barriers.
Sec. 523. Review of FAA use of aerospace safety data.
Sec. 524. Part 135 duty and rest.
Sec. 525. Cockpit voice and video recorders.
Sec. 526. Flight data recovery from overwater operations.
Sec. 527. Emergency medical equipment on passenger aircraft.
Sec. 528. Navigation aids study.
Sec. 529. Remote towers.
Sec. 530. Weather reporting systems study.
Sec. 531. GAO study on expansion of the FAA weather camera program.
Sec. 532. Study on aviation safety in era of wireless connectivity.
Sec. 533. Ramp worker safety call to action.
Sec. 534. Safety data analysis for aircraft without transponders.
Sec. 535. Crash-resistant fuel systems in rotorcraft.
Sec. 536. Reducing turbulence on part 121 aircraft operations.
Sec. 537. Study on radiation exposure.
Sec. 538. Deterring crewmember interference.
Sec. 539. Cabin temperature standards.
Sec. 540. Cabin air quality.
Sec. 541. Evacuation standards for transport category airplanes.
Sec. 542. Lithium–ion powered wheelchairs.
Sec. 543. National simulator program policies and guidance.
Sec. 544. GAO study on FAA National Simulator Program.
Sec. 545. GAO study on FAA alignment with best available technologies and standards.
Sec. 546. Advanced simulation training.
Sec. 547. Incremental safety improvement.
Sec. 571. Findings.
Sec. 572. Aerospace product safety.
Sec. 573. Federal Aviation Administration regulations, policy, and guidance.
Sec. 574. Civil aviation cybersecurity rulemaking committee.
Sec. 601. Definitions.
Sec. 602. Unmanned aircraft system test ranges.
Sec. 603. Unmanned aircraft in the Arctic.
Sec. 604. Public safety use of tethered UAS.
Sec. 605. Special authority for unmanned aircraft systems.
Sec. 606. Recreational operations of drone systems.
Sec. 607. Airport safety and airspace hazard mitigation and enforcement.
Sec. 608. Applications for designation.
Sec. 609. Beyond visual line of sight rulemaking.
Sec. 610. UAS traffic management.
Sec. 611. Radar data pilot program.
Sec. 612. Electronic conspicuity study.
Sec. 613. Remote identification alternative means of compliance.
Sec. 614. Part 107 waiver improvements.
Sec. 615. Acceptable levels of risk and risk assessment methodology.
Sec. 616. Environmental review.
Sec. 617. Carriage of hazardous materials.
Sec. 618. Unmanned aircraft system use in wildfire response.
Sec. 619. Pilot program for UAS inspections of FAA infrastructure.
Sec. 620. Drone infrastructure inspection grant program.
Sec. 621. Drone education and workforce training grant program.
Sec. 622. Drone workforce training program study.
Sec. 623. UAS Integration Office.
Sec. 624. Termination of Advanced Aviation Advisory Committee.
Sec. 625. Unmanned and Autonomous Flight Advisory Committee.
Sec. 626. NextGen Advisory Committee membership expansion.
Sec. 627. Temporary flight restriction integrity.
Sec. 628. Interagency coordination.
Sec. 629. Review of regulations to enable unescorted UAS operations.
Sec. 630. UAS operations over high seas.
Sec. 631. Beyond BEYOND.
Sec. 632. UAS integration strategy.
Sec. 633. Authorization of appropriations for Know Before You Fly campaign.
Sec. 634. Public aircraft definition.
Sec. 651. Definition.
Sec. 652. Powered-lift aircraft rulemakings.
Sec. 653. Powered-lift aircraft entry into service.
Sec. 654. Sense of Congress on preparation for entry into service of powered-lift aircraft.
Sec. 655. Infrastructure supporting vertical flight.
Sec. 656. Charting of aviation infrastructure.
Sec. 657. Advanced air mobility working group.
Sec. 658. Advanced air mobility infrastructure pilot program extension.
Sec. 681. Report on national spaceports policy.
Sec. 682. Intermodal transportation infrastructure improvement pilot program.
Sec. 683. Airspace access for high-speed aircraft.
Sec. 684. ICAO activities on new technologies.
Sec. 685. AIP eligibility for certain spaceport infrastructure.
Sec. 686. Commercial space transportation statistics.
Sec. 687. Report on certain infrastructure needs.
Sec. 688. Airspace integration for space launch and reentry.
Sec. 701. Advertisements and solicitations for passenger air transportation.
Sec. 702. Modernization of consumer complaint submissions.
Sec. 703. Codification of consumer protection provisions.
Sec. 704. Extension of aviation consumer protection advisory committee.
Sec. 705. Removal of outdated references to passengers with disabilities.
Sec. 706. Extension of aviation consumer advocate reporting requirement.
Sec. 707. Air Carrier Access Act advisory committee.
Sec. 708. Passenger experience advisory committee.
Sec. 709. Streamlining of offline ticket disclosures.
Sec. 710. Ticket agent refund obligations.
Sec. 711. Updating passenger information requirement regulations.
Sec. 712. Mobility aids on board improve lives and empower all.
Sec. 713. Prioritizing accountability and accessibility for aviation consumers.
Sec. 714. Aircraft accessibility.
Sec. 715. Accessibility of websites, software applications, and kiosks for individuals with disabilities.
Sec. 716. Review of methods to report flight delay and cancellation statistics.
Sec. 717. Reimbursement for incurred costs.
Sec. 718. Airline operational resiliency plans.
Sec. 719. Family seating.
Sec. 720. Seat dimensions.
Sec. 721. Improved training standards for assisting passengers who use wheelchairs.
Sec. 722. Training standards for stowage of wheelchairs and scooters.
Sec. 723. Investigation of complaints.
Sec. 724. Standards.
Sec. 741. Transfers of air traffic systems acquired with AIP.
Sec. 742. NextGen programs.
Sec. 743. Airspace access.
Sec. 744. Airspace transition completion.
Sec. 745. FAA contract towers.
Sec. 746. FAA contract tower workforce audit.
Sec. 747. Aviation infrastructure sustainment.
Sec. 748. Air traffic control tower safety.
Sec. 749. Air traffic services data reports.
Sec. 750. Consideration of small hub control towers.
Sec. 751. Air traffic control tower replacement process report.
Sec. 752. FAA contract tower pilot program.
Sec. 771. Essential air service reforms.
Sec. 772. Essential air service authorization.
Sec. 773. Small community air service development program reform and authorization.
Sec. 774. GAO study on increased costs of essential air service.
Sec. 801. Digitalization of FAA processes.
Sec. 802. FAA telework.
Sec. 803. Review of office space.
Sec. 804. Aircraft weight reduction task force.
Sec. 805. Audit of technical writing resources and capabilities.
Sec. 806. FAA participation in industry standards organizations.
Sec. 807. Sense of Congress on use of voluntary consensus standards.
Sec. 808. Required designation.
Sec. 809. Sensitive security information.
Sec. 810. Preserving open skies while ensuring fair skies.
Sec. 811. Commercial preference.
Sec. 812. Consideration of third-party services.
Sec. 813. Certificates of authorization or waiver.
Sec. 814. Wing-in-ground-effect craft.
Sec. 815. Quasquicentennial of aviation.
Sec. 816. Federal contract tower wage determinations and positions.
Sec. 817. Internal process improvements review.
Sec. 818. Acceptance of digital driver’s license and identification cards.
Sec. 819. Buckeye 940 release of deed restrictions.
Sec. 820. Federal Aviation Administration information technology system integrity.
Sec. 821. Briefing on radio communications coverage around mountainous terrain.
Sec. 822. Study on congested airspace.
Sec. 823. Administrative services franchise fund.
Sec. 824. Use of biographical assessments.
Sec. 825. Whistleblower protection enforcement.
Sec. 826. Final rulemaking on certain manufacturing standards.
Sec. 827. Remote dispatch.
Sec. 828. Employee assault prevention and response plans amendment.
Sec. 829. Crew member self-defense training.
Sec. 830. Formal sexual assault and harassment policies on air carriers and foreign air carriers.
Sec. 831. Interference with security screening personnel.
Sec. 832. Mechanisms to reduce helicopter noise.
Sec. 833. Technical corrections.
Sec. 834. Transportation of organs.
Sec. 835. Report on application approval timing.
Sec. 836. Study on air cargo operations.
Sec. 837. Next generation radio altimeters.
Sec. 838. Sense of Congress regarding safety and security of aviation infrastructure.
Sec. 839. Restricted category aircraft maintenance and operations.
Sec. 840. Report on telework.
Sec. 841. Crewmember pumping guidance.
Sec. 842. Aircraft interchange agreement limitations.
Sec. 843. Federal Aviation Administration Academy and facility expansion plan.
Sec. 901. Short title.
Sec. 902. Authorization of appropriations.
Sec. 903. Clarification of treatment of territories.
Sec. 904. Additional workforce training.
Sec. 905. Acquiring mission-essential knowledge and skills.
Sec. 906. Overtime annual report termination.
Sec. 907. Strategic workforce plan.
Sec. 908. Travel budgets.
Sec. 909. Retention of records.
Sec. 910. Nondisclosure of interview recordings.
Sec. 911. Closed unacceptable recommendations.
Sec. 912. Establishment of Office of Oversight, Accountability, and Quality Assurance.
Sec. 913. Miscellaneous investigative authorities.
Sec. 914. Public availability of accident reports.
Sec. 915. Ensuring accountability for timeliness of reports.
Sec. 916. Ensuring access to data.
Sec. 917. Public availability of safety recommendations.
Sec. 918. Improving delivery of family assistance.
Sec. 919. Updating civil penalty authority.
Sec. 920. Electronic availability of public docket records.
Sec. 921. Drug-free workplace.
Sec. 922. Accessibility in workplace.
Sec. 923. Most Wanted List.
Sec. 924. Technical corrections.
Sec. 1001. Short title.
Sec. 1002. Prohibition on implementation of vaccination mandate.
Sec. 1003. Prohibition on vaccination requirements for FAA contractors.
Sec. 1004. Prohibition on vaccine mandate for FAA employees.
Sec. 1005. Prohibition on vaccine mandate for passengers of air carriers.
Sec. 1006. Prohibition on implementation of a mask mandate.
Sec. 1007. Prohibition on mask mandates for FAA contractors.
Sec. 1008. Prohibition on mask mandate for FAA employees.
Sec. 1009. Prohibition on mask mandate for passengers of air carriers.
Sec. 1010. Definitions.
Section 48101(a) of title 49, United States Code, is amended—
(c) Authority to transfer funds.—Section 106(k)(3) of title 49, United States Code, is amended—
(a) Marshall islands, Micronesia, and Palau.—Section 47115(i) of title 49, United States Code, is amended by striking “fiscal years 2018 through 2023” and inserting “fiscal years 2023 through 2028”.
(b) Weather reporting programs.—Section 48105 of title 49, United States Code, is amended by adding at the end the following:
(c) Midway island airport.—Section 186(d) of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176) is amended by striking “for fiscal years 2018 through 2023” and inserting “for fiscal years 2023 through 2028”.
(d) Extension of the safety oversight and certification advisory committee.—Section 202(h) of the FAA Reauthorization Act of 2018 (Public Law 115–254) is amended by striking “shall terminate” and all that follows through the period at the end and inserting “shall terminate on October 1, 2028.”.
Section 106 of title 49, United States Code, is amended—
(2) by striking subsection (b) and inserting the following:
“(b) Administration leadership.—
“(1) ADMINISTRATOR.—
“(A) IN GENERAL.—The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.
“(C) FITNESS.—In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.
“(2) DEPUTY ADMINISTRATOR FOR PROGRAMS AND MANAGEMENT.—
“(A) IN GENERAL.—The Administration has a Deputy Administrator for Programs and Management, who shall be a political appointee of the President.
“(C) FITNESS.—In appointing an individual as Deputy Administrator for Programs and Management, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator under the circumstances described in subparagraph (F).
“(D) REPORTING CHAIN.—The Deputy Administrator for Programs and Management reports directly to the Administrator.
“(E) DUTIES.—The Deputy Administrator for Programs and Management shall—
“(F) SUCCESSION PLAN.—The Deputy Administrator for Programs and Management acts for the Administrator when the Administrator is absent or unable to serve, or when the office of the Administrator is vacant.
“(G) COMPENSATION.—
“(i) ANNUAL RATE OF BASIC PAY.—The annual rate of basic pay of the Deputy Administrator for Programs and Management shall be set by the Secretary but shall not exceed the annual rate of basic pay payable to the Administrator.
“(3) DEPUTY ADMINISTRATOR FOR SAFETY AND OPERATIONS.—
“(C) FITNESS.—In appointing an individual as Deputy Administrator for Safety and Operations, the Administrator shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator under the circumstances described in subparagraph (F).
“(D) REPORTING CHAIN.—The Deputy Administrator for Safety and Operations reports to the Administrator.
“(E) DUTIES.—The Deputy Administrator for Safety and Operations shall—
“(F) SUCCESSION PLAN.—The Deputy Administrator for Safety and Operations acts for the Administrator when the Administrator and the Deputy Administrator for Programs and Management are absent or unable to serve, or when the office of the Administrator and the Office of the Deputy Administrator for Programs and Management are vacant.
(a) FAA management board.—Section 106 of title 49, United States Code, is amended by striking subsections (c) and (d) and inserting the following:
“(c) Associate administrators.—
“(1) IN GENERAL.—The Administration has Associate Administrators, as determined necessary by the Administrator, including—
“(d) Chief Counsel; Assistant Administrators.—
“(1) IN GENERAL.—The Administration has Assistant Administrators and a Chief Counsel.
“(A) CHIEF COUNSEL.—The Chief Counsel shall be appointed by the President and shall—
“(i) advise the Administrator on legal matters relating to the responsibilities, functions, and management of the Administration;
“(ii) at the request of the Administrator, provide guidance, counsel, and advice regarding, but shall not have final decision-making authority with regards to, the activities of the Administrator, including—
“(B) ASSISTANT ADMINISTRATOR FOR RULEMAKING AND REGULATORY IMPROVEMENT.—The Assistant Administrator for Rulemaking and Regulatory Improvement shall be appointed by the Administrator and shall—
“(i) be responsible for developing and managing the execution of a regulatory agenda for the Administration that meets statutory and Administration deadlines, including by—
“(ii) not delegate overall responsibility for meeting internal timelines and final completion of the regulatory activities of the Administration outside the Office of the Assistant Administrator for Rulemaking and Regulatory Improvement;
“(v) receive, coordinate, and respond to petitions for rulemaking and for exemption as provided for in subpart A of part 11 of title 14, Code of Federal Regulations, and provide an initial response to a petitioner not later than 30 days after the receipt of such a petition—
“(vi) track the issuance of exemptions and waivers by the Administration to sections of title 14, Code of Federal Regulations, and establish a methodology by which to determine if it would be more efficient and in the public’s interest to amend a rule to reduce the future need of waivers and exemptions; and
“(3) DUTIES.—The Assistant Administrators shall carry out duties and powers of their office described in this section and those prescribed by the Administrator.
(b) Repeal.—Section 711 of the FAA Reauthorization Act of 2018 (49 U.S.C. 106 note) and the item relating to such section in the table of contents in section 1(b) of such Act are repealed.
(c) Systemically addressing need for exemptions and waivers.—Not later than 30 months after the date of enactment of this Act, the Assistant Administrator for Rulemaking and Regulatory Improvement shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the methodology developed pursuant to section 106(d)(B)(vi) of title 49, United States Code (as added by this section).
Section 106(e) of title 49, United States Code, is amended to read as follows:
“(e) Prohibition on conflicting pecuniary interests.—
“(1) IN GENERAL.—The leadership of the Administration and the Management Board of the Administration may not have a pecuniary interest in, or hold a financial interest in, an aeronautical enterprise, or engage in another business, vocation, or employment.
“(2) TEACHING.—Notwithstanding paragraph (1), the Deputy Administrators and the Management Board of the Administration may not receive compensation for teaching without prior approval of the Administrator.
(a) In general.—Section 106(f) of title 49, United States Code, is amended—
(1) in paragraph (1)—
(B) by striking “Neither” and inserting “In exercising duties, powers, and authorities that are assigned to the Secretary or the Administrator under this title, neither”; and
(2) in paragraph (2)—
(A) in subparagraph (A)(ii) by striking “the acquisition” and all that follows through the semicolon and inserting “the acquisition, establishment, improvement, operation, maintenance, security (including cybersecurity), and disposal of property, facilities, services, and equipment of the Administration, including all elements of the air traffic control system owned by the Administration;”;
(3) in paragraph (3)—
(A) in subparagraph (A)—
(i) by striking “In the performance” and inserting “(i) Issuance of regulations.—In the performance”;
(ii) by striking “The Administrator shall act” and inserting “(ii) Petitions for rulemaking.—The Administrator shall act”;
(B) by striking subparagraphs (B) and (C) and inserting the following:
“(B) APPROVAL OF SECRETARY OF TRANSPORTATION.—
“(i) IN GENERAL.—The Administrator may not issue, unless the Secretary of Transportation approves the issuance of the regulation in advance, a proposed regulation or final regulation that—
“(I) is likely to result in the expenditure by State, local, and Tribal governments in the aggregate, or by the private sector, of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the Securing Growth and Robust Leadership in American Aviation Act) in any year; or
“(ii) SIGNIFICANT DEFINED.—For purposes of this paragraph, a regulation is significant if the Administrator, in consultation with the Secretary (as appropriate), determines that the regulation—
“(I) will have an annual effect on the economy of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the Securing Growth and Robust Leadership in American Aviation Act);
“(iii) EMERGENCY REGULATION.—In an emergency, the Administrator may issue a final regulation described in clause (i) without prior approval of the Secretary. If the Secretary objects to such regulation in writing within 5 days (excluding Saturday, Sundays, and legal public holidays) of the issuance, the Administrator shall immediately rescind such regulation.
“(iv) OTHER REGULATIONS.—The Secretary may not require that the Administrator submit a proposed or final regulation to the Secretary for approval, nor may the Administrator submit a proposed or final regulation to the Secretary for approval, if the regulation—
“(v) TIMELINE.—The Administrator shall submit a copy of any proposed or final regulation requiring approval by the Secretary under clause (i) to the Secretary, who shall either approve the regulation or return the regulation to the Administrator with comments within 30 days after receiving the regulation. If the Secretary fails to approve or return the regulation with comments to the Administrator within 30 days, the regulation shall be deemed to have been approved by the Secretary.
“(C) PERIODIC REVIEW.—
“(i) IN GENERAL.—In addition to the review requirements established under section 5.13(d) of title 49, Code of Federal Regulations, the Administrator shall review any significant regulation issued 3 years after the effective date of the regulation.
“(ii) DISCRETIONAL REVIEW.—The Administrator may review any regulation that has been in effect for more than 3 years.
“(iii) SUBSTANCE OF REVIEW.—In performing a review under clause (i) or (ii), the Administrator shall determine if—
“(iv) REVIEW MANAGEMENT.—Any periodic review of a regulation under this subparagraph shall be managed by the Assistant Administrator for Rulemaking and Regulatory Improvement, who may task an advisory committee or the Management Advisory Council established under subsection (p) to assist in performing the review.”;
(5) by inserting after paragraph (2) the following:
“(3) DUTIES AND POWERS OF THE ADMINISTRATOR.—
“(A) IN GENERAL.—The Administrator shall carry out—
“(i) the duties and powers of the Secretary under this subsection related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material) and stated in—
“(II) sections 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40117;
“(X) subsections (d) and (h)(2) of section 46301, section 46303(c), sections 46304 through 46308, section 46310, section 46311, and sections 46313 through 46320;
“(XIV) chapter 509 of title 51; and
“(B) APPLICABILITY.—Section 40101(d) applies to the duties and powers specified in subparagraph (A).
“(C) TRANSFER.—Any of the duties and powers specified in subparagraph (A) may only be transferred to another part of the Department if specifically provided by law or in a reorganization plan submitted under chapter 9 of title 5.
(b) Conforming amendment.—Subsection (h) of section 106 of title 49, United States Code, is repealed.
(c) Preservation of existing authority.—Nothing in this section or the amendments made by this section shall be construed to restrict any authority vested in the Administrator of the Federal Aviation Administration by statute or by delegation that was in effect on the day before the date of the enactment of this Act.
(a) In general.—Not later than 30 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall enter into appropriate arrangements with the National Academy of Public Administration to evaluate and make recommendations to improve the Administration’s rulemaking processes.
(b) Content of review.—In completing the evaluation under subsection (a), the National Academy of Public Administration shall—
(1) review Administration and Department of Transportation policies and procedures for drafting, coordinating, reviewing, editing, and approving rulemaking documents;
(c) Method of review.—As part of the evaluation under this section, the National Academy of Public Administration shall analyze the scoping, drafting, analysis, and approval processes, including examining incidents in which a rule was referred back to a program office for revision, and the timeline associated with each review and step for—
(d) Report.—The National Academy of Public Administration shall provide to the Administrator, Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of the evaluation required under subsection (a). The contents of the report shall—
(3) provide recommendations for expediting rulemakings, including—
(B) the use of new routine and frequent rulemakings to allow for the expediting of activities that may be routinely needed or updated;
(e) Access to documents.—The Administration and Department shall provide the National Academy of Public Administration access, as appropriate, to—
(1) the electronic management software the Administration uses to track internal processing of draft documents;
Section 106 of title 49, United States Code, is further amended by striking subsection (g) and inserting the following:
“(g) Office of Innovation.—
“(1) IN GENERAL.—There is established within the Federal Aviation Administration an Office of Innovation (in this subsection referred to as the ‘Office’) comprised of employees of the Administration who shall—
“(2) APPOINTMENT OF MEMBERS.—
“(3) SELECTION OF MEMBERS.—An employee appointed under paragraph (2)—
“(4) INNOVATION OFFICE LEAD.—The Administrator shall appoint a lead of the Office who shall report to the leadership of the Administration and who—
(a) In general.—The campus and grounds of the Federal Aviation Administration Technical Center located at the Atlantic City International Airport in Egg Harbor Township, New Jersey, shall be known and designated as the “Frank A. LoBiondo National Aerospace Safety and Security Campus”.
(b) Reference.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the campus and grounds at the Federal Aviation Administration Technical Center referred to in subsection (a) shall be deemed to be a reference to the “Frank A. LoBiondo National Aerospace Safety and Security Campus”.
(a) In general.—Section 106 of title 49, United States Code, is further amended by inserting after subsection (g) (as added by section 126) the following:
“(h) Technical Center for Advanced Aerospace.—
“(1) IN GENERAL.—There is established within the Administration a technology center located at the Frank A. LoBiondo National Aerospace Safety and Security Campus to support the advancement of aerospace safety and innovation which shall be known as the ‘William J. Hughes Technical Center for Advanced Aerospace’ (in this subsection referred to as the ‘Technical Center’) that shall be used by the Administrator and, as permitted by the Administrator, other governmental entities, academia, and the aerospace industry.
“(3) ACTIVITIES.—The activities of the Technical Center shall include—
“(A) developing and stimulating technology partnerships with and between industry, academia, and other government agencies and supporting such partnerships by—
“(C) identifying software, systems, services, and technologies that could improve aviation safety and the operations and management of the air traffic control system and working with relevant offices of the Administration to consider the use and integration of such software, systems, services, and technologies, as appropriate;
“(D) supporting the work of any collocated facilities and tenants of such facilities, and to the extent feasible, enter into agreements as necessary to utilize the facilities, systems, and technologies of such collocated facilities and tenants;
(a) In general.—Not later than 30 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall terminate the Office of NextGen.
(b) Closure process.—In carrying out subsection (a), the Administrator shall transfer duties, authorities, activities, personnel, and assets managed by the Office of NextGen to other officials of the Administration, as appropriate, including—
Section 106 of title 49, United States Code, is further amended by striking subsection (i) and inserting the following:
“(i) FAA Ombudsman.—
“(1) ESTABLISHMENT.—There is established within the Federal Aviation Administration an Ombudsman who shall coordinate or facilitate the adjudication of covered submissions.
“(2) OMBUDSMAN.—
“(3) DUTIES.—The duties of the Ombudsman shall be as follows:
“(A) Work with the relevant offices within the Administration to—
“(i) with respect to a covered submission, resolve, provide a status update, or provide clarity on the status of such submissions;
“(B) Determine if, based on a coordinated activity carried out under this subsection, reconsideration with respect to covered submissions or administrative actions are necessary and report to the Administrator or the relevant office within the Administration with recommendations relating to such reconsideration.
“(C) Determine if trends materialize that could warrant process, procedural, or resource changes and report recommendations regarding such changes to the Administrator and relevant offices within the Administration.
“(4) DISCRETION ON COORDINATION AND REVIEW.—
“(A) IN GENERAL.—The Ombudsman shall determine whether to coordinate a review of a covered submission in order to provide a response, coordinate the reconsideration of an administrative action, or take no additional action. In making a determination under this subparagraph, the Ombudsman shall consider—
“(i) whether there are reporting, processing, or dispute resolution mechanisms that have not been exhausted or that may be more appropriate for dealing with, investigating, and responding to such covered submission;
“(B) EXCEPTION.—With regard to a covered submission concerning an activity relating to an alleged violation of an order, a regulation, or any other provision of Federal law by the Administration or whistleblower retaliation, the Ombudsman shall refer such covered submission to the appropriate Federal entity to adjudicate or investigate the subject of such submission.
“(5) RESPONSE REQUIREMENT.—The Ombudsman shall ensure that the Administration provides an initial response to or status update on covered submissions within 10 business days of the Ombudsman receiving such submission.
“(6) DEFINITIONS.—In this subsection:
“(A) ADMINISTRATIVE ACTION.—The term ‘administrative action’ means—
(a) In general.—The Ombudsman of the Federal Aviation Administration shall, in reviewing Administration processes, receiving, reviewing, and responding to covered submissions, and through general due diligence, determine whether a publicly facing dashboard that provides applicants with the status of an application before the agency would be—
(b) Recommendation.—Not later than 30 months after the date of enactment of this Act, the Ombudsman shall provide a recommendation to the Administrator of the Federal Aviation Administration regarding the need or benefits of a dashboard or other means by which to track an application status.
(c) Briefing.—Not later than 45 days after receiving recommendations under subsection (b), the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on—
(d) FAA feedback portal.—
(1) IN GENERAL.—The Ombudsman shall, through interacting with the public and general due diligence, determine whether a publicly facing portal on the website through which the public may provide feedback to the Administrator about experiences they have working with personnel of the Administration would be beneficial.
It is the sense of Congress that—
(1) the Administrator of the Federal Aviation Administration should engage with aviation stakeholder groups and the public during pre-drafting stages of rulemaking activities and use, to the greatest extent practicable, properly docketed ex-parte discussions during rulemaking activities in order to—
(2) when it would reduce the time required for the Administrator to adjudicate public comments, the Administrator should publicly provide information describing the rationale behind a regulatory decision included in proposed regulations in order to better allow for the public to provide clear and informed comments on such regulations.
Section 106(j) of title 49, United States Code, is amended by striking “There is” and inserting “Civil Aeromedical Institute.—There is”.
Section 106 of title 49, United States Code, is further amended—
(2) by striking subsection (p) and inserting the following:
“(p) Management advisory council.—
“(1) ESTABLISHMENT.—The Administrator shall establish an advisory council which shall be known as the Federal Aerospace Management Advisory Council (in this subsection referred to as the ‘Council’).
“(2) MEMBERSHIP.—The Council shall consist of 13 members, who shall consist of—
“(3) QUALIFICATIONS.—No officer or employee of the United States Government may be appointed to the Council under subparagraph (C) or (D) of paragraph (2).
“(4) FUNCTIONS.—
“(A) IN GENERAL.—
“(i) ADVISE; COUNSEL.—The Council shall provide advice and counsel to the Administrator on issues which affect or are affected by the activities of the Administrator.
“(ii) RESOURCE.—The Council shall function as an oversight resource for management, policy, spending, and regulatory matters under the jurisdiction of the Administrator.
“(iii) SUBMISSIONS TO ADMINISTRATION.—With respect to Administration management, policy, spending, funding, data management and analysis, safety initiatives, international agreements, activities of the International Civil Aviation Organization, and regulatory matters affecting the aerospace industry and the national airspace system, the Council may—
“(I) regardless of whether solicited by the Administrator, submit comments, recommended modifications, proposals, and supporting or dissenting views to the Administrator; and
“(II) request the Administrator include in any submission to Congress, the Secretary, or the general public, and in any submission for publication in the Federal Register, a description of the comments, recommended modifications, and dissenting or supporting views received from the Council under subclause (I).
“(iv) REASONING.—Together with a Council submission that is published or described under clause (iii)(II), the Administrator shall provide the reasons for any differences between the views of the Council and the views or actions of the Administrator.
“(B) MEETINGS.—The Council shall meet on a regular and periodic basis or at the call of the chair or of the Administrator.
“(C) ACCESS TO DOCUMENTS AND STAFF.—The Administration may give the Council appropriate access to relevant documents and personnel of the Administration, and the Administrator shall make available, consistent with the authority to withhold commercial and other proprietary information under section 552 of title 5 (commonly known as the ‘Freedom of Information Act’), cost data associated with the acquisition and operation of air traffic service systems.
“(D) DISCLOSURE OF COMMERCIAL OR PROPRIETARY DATA.—Any member of the Council who receives commercial or other proprietary data as provided for in this paragraph from the Administrator shall be subject to the provisions of section 1905 of title 18, pertaining to unauthorized disclosure of such information.
“(5) APPLICATION OF Chapter 10 OF TITLE 5.—Chapter 10 of title 5 does not apply to—
“(6) ADMINISTRATIVE MATTERS.—
“(A) TERMS.—Members of the Council appointed under paragraph (2)(C) shall be appointed for a term of 3 years.
“(B) TERM FOR AIR TRAFFIC CONTROL REPRESENTATIVE.—The member appointed under paragraph (2)(D) shall be appointed for a term of 3 years, except that the term of such individual shall end whenever the individual no longer meets the requirements of paragraph (2)(D).
“(C) VACANCY.—Any vacancy on the Council shall be filled in the same manner as the original appointment, except that any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that term.
“(D) CONTINUATION IN OFFICE.—A member of the Council whose term expires shall continue to serve until the date on which the member’s successor takes office.
“(E) REMOVAL.—Any member of the Council appointed under paragraph (2) may be removed for cause by whomever makes the appointment.
[“(F) CHAIR; VICE CHAIR.—The Council shall elect a chair and a vice chair from among the members appointed under subparagraphs (C) and (D) of paragraph (2), each of whom shall serve for a term of 1 year. The vice chair shall perform the duties of the chair in the absence of the chair.]
(a) In general.—Section 106 of title 49, United States Code, is further amended by striking subsection (q) and inserting the following:
“(q) Aviation Noise Officer.—
“(1) IN GENERAL.—The Administration has an Aviation Noise Officer, who shall be appointed by the Administrator.
“(2) REGIONAL OFFICERS.—The Aviation Noise Officer shall designate, within each region of the Administration, a Regional Aviation Noise Officer.
“(3) DUTIES.—The Aviation Noise Officer, in coordination with the Regional Aviation Noise Officers, shall—
“(A) serve as a liaison with the public, including community groups, on issues regarding aircraft noise;
(b) Conforming amendments.—Section 180 of the FAA Reauthorization Act of 2018 (49 U.S.C. 106 note) and the items relating to such section in the table of contents contained in section 1(b) of that Act, are repealed.
Section 106(r) of title 49, United States Code, is amended—
(3) in paragraph (3)—
(4) in paragraph (4) by striking “such information as may be prescribed by the Secretary” and inserting “the annual performance agreement required under paragraph (3), an assessment of the performance of the Chief Operating Officer in relation to the performance goals in the previous year’s performance agreement, and such other information as may be prescribed by the Administrator”; and
Section 106(r) of title 49, United States Code, is further amended by adding at the end the following:
“(6) UNFUNDED CAPITAL INVESTMENT NEEDS REPORT.—
“(A) IN GENERAL.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1150 of title 31, the Chief Operating Officer shall submit directly to the Administrator, the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on any unfunded capital investment needs of the air traffic control system.
“(B) CONTENTS OF REPORT.—The report required under subparagraph (A) shall include, for each unfunded capital investment need, the following:
“(ii) Objective to be achieved if such unfunded capital investment need is funded in whole or in part.
“(C) PRIORITIZATION OF REQUIREMENTS.—The report required under subparagraph (A) shall present unfunded capital investment needs in overall urgency of priority.
“(D) DEFINITION OF UNFUNDED CAPITAL INVESTMENT NEED.—In this paragraph the term ‘unfunded capital investment need’ means a program that—
“(i) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;
“(ii) is for infrastructure or a system related to necessary modernization or sustainment of the air traffic control system;
“(iii) is listed for any year in the most recent National Airspace System Capital Investment Plan of the Administration; and
Section 106(s) of title 49, United States Code, is amended—
(1) in paragraph (1)—
(A) in subparagraph (A) by striking “There shall be” and all that follows through the period at the end and inserting “The Chief Technology Officer shall be appointed by the Chief Operating Officer of the air traffic control system with the consent of the Administrator.”;
Section 40102(a)(47) of title 49, United States Code, is amended—
Section 106(t) of title 49, United States Code, is amended—
(2) by inserting after paragraph (6) the following:
“(7) DEPARTMENT OF TRANSPORTATION OFFICE OF THE INSPECTOR GENERAL PEER REVIEW.—
“(A) IN GENERAL.—Not later than 2 years after the date of enactment of the Securing Growth and Robust Leadership in American Aviation Act, and every 5 years thereafter, the inspector general of the Department of Transportation shall perform a peer review of the Office of Whistleblower Protection and Aviation Safety Investigations.
“(B) PEER REVIEW SCOPE.—In completing the peer reviews required under this paragraph, the inspector general shall use the most recent peer review guides published by the Council of the Inspectors General on Integrity and Efficiency Audit Committee and Investigations Committee.
“(C) REPORTS TO CONGRESS.—Not later than 90 days after the completion of a peer review required under this paragraph, the inspector general shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a description of any actions taken or to be taken to address the results of the peer review.”; and
(a) In general.—The Administrator of the Federal Aviation Administration shall designate an executive of the Administration to serve as the lead for the cybersecurity of Administration systems and hardware (hereinafter referred to as the “Cybersecurity Lead”).
(b) Duties.—The Cybersecurity Lead shall carry out duties and powers prescribed by the Administrator, including the management of activities required under subtitle B of title VI of the Securing Growth and Robust Leadership in American Aviation Act.
(c) Briefing.—Not later than 1 and 3 years after the date of enactment of this Act, the Cybersecurity Lead shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation of subtitle B of title VI of the Securing Growth and Robust Leadership in American Aviation Act.
(b) Annual report on the purchase of foreign manufactured articles.—Section 40110(d) of title 49, United States Code, is amended by striking paragraph (5).
(c) Annual report on assistance to foreign aviation authorities.—Section 40113(e) of title 49, United States Code, is amended—
(d) AIP annual report.—Section 47131 of title 49, United States Code, and the item relating to such section in the analysis for chapter 471 of such title, are repealed.
(e) Transfer of airport land use compliance report to NPIAS.—Section 47103 of title 49, United States Code, is amended—
(2) by inserting after subsection (c) the following:
(f) Notice to airport sponsors regarding purchase of American made equipment and products.—Section 306 of the Federal Aviation Administration Authorization Act of 1994 (49 U.S.C. 50101 note) is amended—
(g) Obsolete aviation security requirements.—Sections 302, 307, 309, and 310 of the Federal Aviation Reauthorization Act of 1996 (Public Law 104–264), and the items relating to such sections in the table of contents in section 1(b) of such Act, are repealed.
(h) Regulation of Alaska guide pilots.—Section 732 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (49 U.S.C. 44701 note) is amended—
(i) Next generation air transportation senior policy committee.—Section 710 of the Vision 100–Century of Aviation Reauthorization Act (49 U.S.C. 40101 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.
(j) Improved pilot licenses and pilot license rulemaking.—
(1) INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT.—Section 4022 of the Intelligence Reform and Terrorism Prevention Act of 2004 (49 U.S.C. 44703 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.
(2) FAA MODERNIZATION AND REFORM ACT OF 2012.—Section 321 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44703 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.
(k) Technical training and staffing study.—Section 605 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95) is amended—
(l) Ferry flight duty period and flight time rulemakings.—Section 345 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.
(m) Laser pointer incident reports.—Section 2104 of FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 46301 note) is amended—
(n) Cold weather projects briefing.—Section 156 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47112 note) is amended—
The Pilot’s Bill of Rights (49 U.S.C. 44703 note) is amended by adding at the end the following:
“SEC. 5. Reexamination of an airman certificate.
“(a) In general.—The Administrator shall provide timely, written notification to an individual subject to a reexamination of an airman certificate issued under chapter 447 of title 49, United States Code.
“(b) Information required.—In providing notification under subsection (a), the Administrator shall inform the individual—
“(1) of the nature of the reexamination and the specific activity on which the reexamination is necessitated;
“(c) Exception.—Nothing in this section prohibits the Administrator from reexamining a certificate holder if the Administrator has reasonable grounds—
(a) In general.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a study of the implementation of the Pilot’s Bill of Rights (49 U.S.C. 44703 note).
(b) Contents.—In conducting the study under subsection (a), the Comptroller General shall review—
(1) the implementation and application of the Pilot’s Bill of Rights (49 U.S.C. 44703 note);
(2) the application of the Federal Rules of Civil Procedure and the Federal Rules of Evidence to covered proceedings by the National Transportation Safety Board, as required by section 2 of the Pilot’s Bill of Rights (49 U.S.C. 44703 note);
(3) the appeal process and the typical length of time associated with a final determination in a covered proceeding; and
(4) any impacts of the implementation of the Pilot’s Bill of Rights (49 U.S.C. 44703 note).
(a) In general.—Section 2307 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44703 note) is amended—
(3) by striking subsection (h) and inserting the following:
“(h) Report required.—Not later than 4 years after the date of enactment of the Securing Growth and Robust Leadership in American Aviation Act, the Administrator, in coordination with the National Transportation Safety Board, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes the effect of the regulations issued or revised under subsection (a) and includes statistics with respect to changes in small aircraft activity and safety incidents.”; and
(a) In general.—Chapter 441 of title 49, United States Code, is amended by adding at the end the following:
“(a) In general.—Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration shall establish and continuously improve a process by which, upon request of a private aircraft owner or operator, the Administrator blocks the registration number and other similar identifiable data or information, except for physical markings required by law, of the aircraft of the owner or operator from any public dissemination or display (except in furnished data or information made available to or from a Government agency pursuant to a government contract, subcontract, or agreement) for the noncommercial flights of the owner or operator.
“(b) Withholding personally identifiable information on aircraft registry.—Not later than 1 year after the date of enactment of this section and notwithstanding any other provision of law, the Administrator shall establish a procedure by which, upon request of a private aircraft owner or operator, the Administrator shall withhold from public disclosure (except in furnished data or information made available to or from a Government agency pursuant to a government contract, subcontract, or agreement) the personally identifiable information of such individual on the Civil Aviation Registry website.
“(c) ICAO aircraft identification code.—
“(1) IN GENERAL.—The Administrator shall establish a program for aircraft owners and operators to apply for a new ICAO aircraft identification code.
“(2) LIMITATIONS.—In carrying out the program described in paragraph (1), the Administrator shall require—
“(A) each applicant to substantiate the safety or security need in applying for a new ICAO aircraft identification code; and
“(B) each approved applicant who obtains a new ICAO aircraft identification code to comply with all applicable aspects of, or related to, part 45 of title 14, Code of Federal Regulations, including updating an aircraft’s registration number and N–Number to reflect such aircraft’s new ICAO aircraft identification code.
“(d) Decoupling Mode S codes.—The Administrator shall develop a plan for which the Administrator could allow for a process to disassociate an assigned Mode S code with the number assigned to an aircraft that is registered pursuant to section 44103.
(b) Study on encrypting ADS–B.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall seek to enter into an agreement with a qualified organization to conduct a study assessing the technical challenges, impact to international aviation operations, benefits, and costs of encrypting ADS–B signals to provide for a safer and more secure environment for national airspace system users.
(2) CONSULTATION.—In carrying out the study under paragraph (1), a qualified organization shall consult with representatives of—
(3) CONSIDERATIONS.—In carrying out the study under paragraph (1), a qualified organization shall consider—
(A) the technical requirements for encrypting ADS–B signals for both the 978 Mhz and 1090 Mhz frequencies;
(B) the advantages of encrypting ADS–B signals for both the 978 Mhz and 1090 Mhz frequencies, including those related to cybersecurity protections, safety, and privacy of national airspace system users;
(C) the disadvantages of encrypting ADS–B signals for both the 978 Mhz and 1090 Mhz frequencies, including those related to cybersecurity protections, safety, and privacy of national airspace system users;
(D) the challenges of encrypting ADS–B signals for both the 978 Mhz and 1090 Mhz frequencies, including coordination considerations with the International Civil Aviation Organization and foreign civil aviation authorities;
(4) REPORT.—In any agreement entered into under paragraph (1), the Administrator shall ensure that, not later than 1 year after the completion of the study required under paragraph (1), the qualified organization that has entered into such agreement shall submit to the Administrator, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study described in paragraph (1), including the findings and recommendations related to each item specified under paragraph (3).
(5) DEFINITION OF QUALIFIED ORGANIZATION.—In this subsection, the term “qualified organization” means an independent nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.
(c) Clerical amendment.—The analysis for chapter 441 of title 49, United States Code, is amended by adding at the end the following:
“44114. Privacy.”.
(d) Conforming amendment.—Section 566 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44103 note) and the item relating to such section in the table of contents under section 1(b) of that Act are repealed.
Section 46101 of title 49, United States Code, is amended by adding at the end the following:
“(c) Prohibition on using ADS–B data to initiate an investigation.—
“(1) IN GENERAL.—Notwithstanding any provision of this section, the Administrator of the Federal Aviation Administration may not initiate an investigation (excluding a criminal investigation) of a person based exclusively on automatic dependent surveillance-broadcast data.
“(2) RULE OF CONSTRUCTION.—Nothing in this subsection shall prohibit the use of automatic dependent surveillance-broadcast data in an investigation that was initiated for any reason other than the review of automatic dependent surveillance-broadcast data, including if such investigation was initiated as a result of a report or complaint submitted to the Administrator.”.
Section 44103 of title 49, United States Code, is amended by adding at the end the following:
“(e) Prohibition on N–Number profiteering.—
“(1) IN GENERAL.—No person may reserve an aircraft registration number without certifying that such person intends to use such registration number—
“(2) TRANSFERS.—A person may transfer a reserved aircraft registration number to another person if—
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a review of the process for reserving aircraft registration numbers to ensure that such process offers an equal opportunity for members of the general public to obtain specific aircraft registration numbers.
(b) Assessment.—In conducting the review under subsection (a), the Administrator shall assess the following:
(1) Whether the use of readily available software to prevent computer or web-based auto-fill systems from reserving aircraft registration numbers in bulk would improve participation in the reservation process by the general public.
(c) Briefing.—Not later than 18 months after the date of enactment of this Act, the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the review conducted under subsection (a), including any recommendations of the Administrator to improve equal participation in the process for reserving aircraft registration numbers by the general public.
(a) In general.—Not later than 2 years after the date of issuance of a letter of investigation to any person, the Administrator of the Federal Aviation Administration shall—
(b) Extension.—
(1) IN GENERAL.—If, upon review of the facts and status of an investigation described in subsection (a), the Administrator determines that the time provided to make a final determination or close such investigation is insufficient, the Administrator may approve an extension of such investigation for 2 years.
Section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) is amended—
(1) in subsection (a)—
(2) in subsection (c)(2) by striking “charitable medical transportation.” and inserting the following: “charitable transportation for the following purposes:
“(A) Assisting individuals in accessing medical care or treatment (and for other associated individuals).
“(C) Aiding disaster relief efforts pursuant to a—
“(i) presidential declaration of a major disaster or an emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or
(a) In general.—
(1) VALIDITY OF EXEMPTION.—Except as otherwise provided in this subsection, an exemption from section 61.113(c) of title 14, Code of Federal Regulations, that is granted by the Administrator of the Federal Aviation Administration for the purpose of allowing a volunteer pilot to accept reimbursement from a volunteer pilot organization for the fuel costs and airport fees attributed to a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) shall be valid for 5 years.
(2) FAILING TO ADHERE.—If the Administrator finds an exemption holder under paragraph (1) or a volunteer pilot fails to adhere to the conditions and limitations of the exemption described under such paragraph, the Administrator may rescind or suspend the exemption.
(b) Additional requirements.—
(c) Reissuance of existing exemptions.—In reissuing an expiring exemption described in subsection (a) that was originally issued prior to the date of enactment of this Act, the Administrator shall ensure that the reissued exemption—
(1) accounts for the provisions of this section and section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as amended by this Act; and
(d) Statutory construction.—Nothing in this section shall be construed to—
(1) affect the authority of the Administrator to exempt a pilot (exercising the private pilot privileges) from any restriction on receiving reimbursement for the fuel costs and airport fees attributed to a flight operation to provide charitable transportation; or
(2) impose or authorize the imposition of any additional requirements by the Administrator on a flight that is arranged by a volunteer pilot organization in which the volunteer pilot—
(e) Definitions.—In this section:
(1) VOLUNTEER PILOT.—The term “volunteer pilot” means a person who—
(A) acts as a pilot in command of a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note); and
(2) VOLUNTEER PILOT ORGANIZATION.—The term “volunteer pilot organization” has the meaning given such term in section 821(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).
(a) Report.—Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the following:
(1) Applicable laws, regulations, policies, legal opinions, and guidance pertaining to charitable flights and the operations of such flights, including reimbursement of fuel costs.
(2) Petitions for exemption from the requirements of section 61.113(c) of title 14, Code of Federal Regulations, for the purpose of allowing a pilot to accept reimbursement for the fuel costs associated with a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as amended by this Act, including assessment of—
(b) Consultation.—In carrying out the review initiated under subsection (a), the Comptroller General shall consult with charitable organizations, including volunteer pilot organizations, aircraft owners, and pilots who volunteer to provide transportation for or on behalf of a charitable organization, flight safety experts, and employees of the Federal Aviation Administration.
(c) Recommendations.—As part of the review initiated under subsection (a), the Comptroller General shall make recommendations, as determined appropriate, to the Administrator of the Federal Aviation Administration to improve the rules, policies, and guidance pertaining to charitable flight operations.
(d) Report.—Upon completion of the review initiated under subsection (a), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the findings of such review and recommendations developed under subsection (c).
(a) In general.—
(1) UNLIMITED LETTER OF AUTHORIZATION.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall take such action as may be necessary to allow for the issuance of letters of authorizations to airmen with the authorization for—
(2) REQUIREMENTS.—An individual who holds a letter of authorization and applies for an authorization described in paragraph (1)(A) or (1)(B)—
(b) Rule of construction.—Nothing in this section may be construed to disallow an individual from being given both an authorization described in paragraph (1)(A) and an authorization described in paragraph (1)(B).
(c) Failure to comply.—
(1) IN GENERAL.—If the Administrator fails to implement subsection (a) within the time period prescribed in such subsection, the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the implementation of such subsection on a monthly basis until the implementation is complete.
Section 2(b) of the Pilot’s Bill of Rights (49 U.S.C. 44703 note) is amended by adding at the end the following:
“(6) RESPONSE TO LETTER OF INVESTIGATION.—If an individual decides to respond to a Letter of Investigation described in paragraph (2)(B) such individual may respond not later than 30 days after receipt of such Letter, including providing written comments on the incident to the investigating office.”.
(a) Establishment.—Not later than 120 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a program to provide rebates to owners of covered general aviation aircraft for the purchase of covered ADS–B equipment.
(b) Application.—To be eligible to receive a rebate under this section, an owner of a covered general aviation aircraft shall submit to the Administrator an application in such form, at such time, and containing such information as the Administrator may require, including proof of successful installation of covered ADS–B equipment.
(c) Authorized rebate.—
(a) In general.—The Comptroller General of the United States shall conduct a study on automatic dependent surveillance-broadcast equipage and usage rates across the active general aviation fleet in the United States.
(b) Contents.—In conducting the study described in subsection (a), the Comptroller General shall, at a minimum—
(1) analyze the reasons why aircraft owners choose not to equip or use an aircraft with automatic dependent surveillance-broadcast technology;
(2) examine and substantiate any benefits and drawbacks of using automatic dependent surveillance-broadcast technology, including safety and operational benefits and drawbacks;
(c) Report.—Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on automatic dependent surveillance-broadcast described in subsection (b) and make recommendations to incentivize equipage and usage rates across the active general aviation fleet in the United States.
(a) Non-surplus property.—Section 47125 of title 49, United States Code, is amended by adding at the end the following:
“(c) Waiving restrictions.—
“(1) IN GENERAL.—Subject to paragraph (2), the Secretary may grant to an airport, city, or county a waiver of any of the terms, conditions, reservations, or restrictions contained in a deed under which the United States conveyed to the airport, city, or county an interest in real property for airport purposes pursuant to section 16 of the Federal Airport Act (60 Stat. 179), section 23 of the Airport and Airway Development Act of 1970 (84 Stat. 232), or this section.
“(2) CONDITIONS.—Any waiver granted by the Secretary pursuant to paragraph (1) shall be subject to the following conditions:
“(A) The applicable airport, city, county, or other political subdivision shall agree that in conveying any interest in the real property which the United States conveyed to the airport, city, or county, the airport, city, or county will receive consideration for such interest that is equal to its current fair market value.
“(B) Any consideration received by the airport, city, or county under subparagraph (A) shall be used exclusively for the development, improvement, operation, or maintenance of a public airport by the airport, city, or county.
(b) Surplus property.—
(1) IN GENERAL.—Section 47151 of title 49, United States Code, is amended—
(A) by striking subsection (d) and inserting the following:
“(d) Waiver of condition.—The Secretary may not waive any condition imposed on an interest in surplus property conveyed under subsection (a) that such interest be used for an aeronautical purpose unless the Secretary provides public notice not less than 30 days before the issuance of such waiver and determines that such waiver—
(B) by adding at the end the following:
“(f) Reversions of property.—The Secretary shall take all necessary action to revert surplus property conveyed under this subchapter back to the United States if—
“(1) the Secretary determines that an instrument conveying an interest in surplus property under this subchapter incorporates a provision providing for the reversion of such property in the event the property is not used for aeronautical purposes;
(2) WAIVING AND ADDING TERMS.—Section 47153(c) of title 49, United States Code, is amended to read as follows:
“(c) Restrictions on waiver.—Notwithstanding subsections (a) and (b), the Secretary may not waive any term under this section that an interest in land be used for an aeronautical purpose unless—
“(1) the Secretary provides public notice not less than 30 days before the issuance of a waiver; and
(c) Repeals.—
(1) AIRPORTS NEAR CLOSED OR REALIGNED BASES.—Section 1203 of the Federal Aviation Reauthorization Act of 1996 (49 U.S.C. 47101 note), and the item relating to such section in the table of contents under section 1(b) of such Act, are repealed.
(2) RELEASE FROM RESTRICTIONS.—Section 817 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47125 note), and the item relating to such section in the table of contents under section 1(b) of such Act, are repealed.
The Administrator of the Federal Aviation Administration shall not apply section 91.119 of title 14, Code of Federal Regulations, in any manner that requires a pilot to continue a landing that is unsafe.
(a) In general.—The Administrator of the Federal Aviation Administration shall update Airport Diagram Order JO 7910.4 and any related advisory circulars, policy, and guidance to ensure the clear and consistent use of terms to delineate the types of parking available to general aviation pilots.
(a) In general.—Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall publish an approved list of effective alternatives to automatic dependent surveillance–broadcast equipment (in this section referred to as “alternative ADS–B equipment”) for covered aircraft operating outside of Mode C veil airspace so that such aircraft may voluntarily broadcast positioning to other aircraft.
(b) Review; approval.—
(1) REVIEW.—In carrying out subsection (a), the Administrator shall, to the maximum extent practicable, review available commercial–off–the–shelf alternative ADS–B equipment that are used outside of the United States for purposes of allowing a pilot to voluntarily utilize such equipment while operating outside of Mode C veil airspace and within the national airspace system.
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall coordinate with the General Aviation Joint Safety Committee to establish an Airshow Safety Team focused on airshow and aerial event safety.
(b) Objective.—The objective of the Airshow Safety Team described in subsection (a) shall be to—
(c) Activities.—In carrying out the objectives pursuant to subsection (b), the Airshow Safety Team shall, at a minimum—
(1) perform an analysis of airshow and aerial event accidents and incidents in conjunction with the Safety Analysis Team;
(d) Membership.—The Administrator may request the Airshow Safety Team be comprised of at least 10 individuals, each of whom shall have knowledge or a background in the planning, execution, operation, or management of an airshow or aerial event.
(e) Meetings.—The Airshow Safety Team shall meet at least twice a year at the direction of the co-chairs of the General Aviation Joint Safety Committee.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a notice of proposed rulemaking to implement section 2110 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44718 note).
(b) Report.—If the Administrator fails to issue the notice of proposed rulemaking pursuant to subsection (a), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual report on the status of such rulemaking, including—
(a) In general.—Section 44103 of title 49, United States Code, is further amended by adding at the end the following:
“(f) Validity of aircraft registration during renewal.—
“(1) IN GENERAL.—An aircraft may be operated on or after the expiration date found on the certificate of registration issued for such aircraft under this section as if it were not expired if the operator of such aircraft has aboard the aircraft—
“(2) PROOF OF PENDING RENEWAL APPLICATION.—The Administrator shall provide an applicant for renewal of registration under this section with documentation described in paragraph (1)(A). Such documentation shall—
“(A) be made electronically available to the applicant immediately upon submitting an aircraft registration renewal application to the Civil Aviation Registry for an aircraft;
“(C) deem an aircraft’s airworthiness certificate issued under section 44704(d) as valid provided that the applicant confirms acknowledgment of the requirements of paragraph (1)(A)(ii);
Section 44703 of title 49, United States Code, is amended by adding at the end the following:
“(l) Temporary airman certificate.—An individual may obtain a temporary airman certificate from the Administrator after requesting a permanent replacement airman certificate issued under this section. A temporary airman certificate shall be—
(a) In general.—An authorized flight instructor providing student instruction, flight instruction, or flight training shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire.
(b) Authorized additional pilots.—An individual acting as an authorized additional pilot during Phase I flight testing of aircraft holding an experimental airworthiness certificate, in accordance with section 21.191 of title 14, Code of Federal Regulations, and meeting the requirements set forth in Federal Aviation Administration regulations and policy in effect as of the date of enactment of this section, shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire.
(c) Use of aircraft.—An individual who uses, causes to use, or authorizes to use aircraft for flights conducted under subsection (a) or (b) shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire.
(a) In general.—A flight instructor, registered owner, lessor, or lessee of a covered aircraft shall not be required to obtain a letter of deviation authority from the Administrator of the Federal Aviation Administration to allow, conduct, or receive flight training, checking, and testing in such aircraft if—
(a) In general.—Not later than 16 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a program or office to provide national coordination and oversight of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations.
(b) Responsibilities.—The program or office established under subsection (a) shall be responsible for the following:
(1) Oversight of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations, including the selection, training, duties, and deployment of such examiners.
(2) Supporting the standardization of policy, guidance, and regulations across the Administration pertaining to the selection, training, duties, and deployment of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations, including evaluating the consistency by which such examiners apply Administration policies, orders, and guidance.
(c) Coordination.—In carrying out the responsibilities listed in subsection (b), the Administrator shall ensure the program—
(d) Briefing.—The Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate in each fiscal year beginning after the date of enactment of this Act through fiscal year 2028 detailing—
(1) the methodology by which designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations, are deployed and any subsequent changes to the methodology to fulfill the demand for examinations;
(a) Equivalent pilot-in-command medical requirements.—Notwithstanding section 61.23(a)(3)(iv) of title 14, Code of Federal Regulations, an examiner may administer a practical test or proficiency check if such examiner meets the medical qualification requirements under part 68 of title 14, Code of Federal Regulations, if the operation being conducted is in a covered aircraft, as such term is defined in section 2307(j) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44703 note).
(b) Rulemaking.—Not later than 18 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a final rule to update part 61 of title 14, Code of Federal Regulations, to implement the requirements under subsection (a), in addition to any related requirements the Administrator finds are in the interest of aviation safety.
Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall ensure that the designee locator search function of the public website of the Designee Management System of the Administration has the functionality to—
(1) filter a search for an Aviation Medical Examiner (as described in section 183.21 of title 14, Code of Federal Regulations) by sex, if such information is available;
Not later than 120 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall take such actions as may be necessary to reduce and maintain the aircraft registration and recordation backlog at the Civil Aviation Registry so that, on average, applications are processed not later than 10 business days after receipt.
(a) In general.—The Administrator of the Federal Aviation Administration shall take such actions as may be necessary to achieve the goal of reducing the backlog of air carrier certificate applications under part 135 of title 14, Code of Federal Regulations, to—
(b) Measures.—In meeting the goal under subsection (a), the Administrator may—
(1) assign, as appropriate, additional personnel or support staff, including on a temporary basis, to review, adjudicate, and approve applications;
(c) Working group.—The Administrator shall convene a working group comprised of industry stakeholders and aviation experts to—
(1) not later than 1 year after the date of enactment of this Act, study methods and make recommendations to clarify requirements and standardize the process for conducting and completing aircraft conformity processes for existing air carriers and operators under part 135 of title 14, Code of Federal Regulations, in a timely manner, which shall include—
(A) developing a plan to honor or expedite the consideration of previously accepted aircraft configuration evaluations when an aircraft moves from one certificate under part 135 of title 14, Code of Federal Regulations, to another such certificate;
(d) Congressional briefing.—Beginning 6 months after the date of enactment of this Act, and not less than every 6 months thereafter until the Administrator complies with the requirements under subsection (a)(2), the Administrator shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the backlog of air carrier certificate applications under part 135 of title 14, Code of Federal Regulations, any measures the Administrator has put in place under subsection (b), and any recommendations received from the review under subsection (c).
(a) Completion of rulemaking.—Not later than 18 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a final rule modifying section 61.51(j)(4) of title 14, Code of Federal Regulations, to include aircraft under the direct operational control of forestry and fire protection agencies, as required by section 517 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44703 note).
(b) Failure to complete rulemaking.—If the Administrator fails to issue a final rule pursuant to subsection (a) by the deadline described in such subsection, beginning on the date that is 18 months after the date of enactment of this Act—
(a) Completion of rulemaking.—Not later than 36 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a final rule for the rulemaking activity titled “Removal of the Expiration Date on a Flight Instructor Certificate”, published in Fall 2022 in the Unified Agenda of Federal Regulatory and Deregulatory Actions (RIN 2120–AL25) to, at a minimum, update part 61 of title 14, Code of Federal Regulations, to—
(b) Failure to complete rulemaking.—If the Administrator fails to issue a final rule pursuant to subsection (a) before the deadline prescribed in that subsection, beginning on the date that is 36 months after the date of enactment of this Act—
(1) notwithstanding sections 61.19(d) and 61.197 of title 14, Code of Federal Regulations, an individual holding a flight instructor certificate that is not expired as of the date that is 36 months after the date of enactment of this Act may exercise the privileges of the certificate regardless of whether the certificate subsequently expires, provided that the individual meets eligibility requirements in accordance with section 61.183 of title 14, Code of Federal Regulations; and
(a) In general.—The inspector general of the Department of Transportation shall initiate audits, as described in subsection (d), of the Flight Standards and Aircraft Certification Services of the Federal Aviation Administration, and the personnel of such offices, on the consistency of—
(b) Components.—In completing the audits required under this section, the inspector general shall interview stakeholders, including at a minimum, individuals or entities that—
(2) are from different regions of the country with matters before different flight standards district offices or aircraft certification offices of the Administration;
(c) Reports.—The inspector general of the Department of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Secretary of Transportation, and the Administrator of the Federal Aviation Administration a report for each audit required in this section, containing the results of the audit, including findings and recommendations to the Administrator to improve the consistency of decision-making by Flight Standards and Aircraft Certification Services offices of the Administration.
(d) Audits.—The inspector general shall complete an audit and issue the associated report required under subsection (c) not later than—
(1) 18 months after the date of enactment of this Act, with regard to supplemental type certificates;
(e) Implementation.—In addressing any recommendations from the inspector general contained in the reports required under subsection (c), the Administrator shall—
(f) Briefing.—Not later than 6 months after receiving a report required under subsection (c), the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation plan required under subsection (d), the status of any recommendation received pursuant to this section, and any best practices that are being implemented more broadly.
Section 44701 of title 49, United States Code, is amended by adding at the end the following:
“(g) Policies, orders, and guidance.—
“(1) CONSISTENCY OF APPLICATION.—The Administrator shall ensure consistency in the application of policies, orders, and guidance of the Administration by—
“(A) regular audits of the application and interpretation of such material by Administration personnel from person to person and office to office;
Section 224 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) is amended—
(2) in subsection (d)(1)—
(A) in subparagraph (A) by striking “anonymous regulatory interpretation questions” and inserting “regulatory interpretation questions, including anonymously,”;
(a) In general.—Chapter 453 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 45307. Exemption of fees for air traffic services
“(a) Requirement to provide services and related support.—The Administrator shall provide or ensure the provisioning of air traffic services and aviation safety support for large, multiday aviation events, including airshows and fly-ins, where the average daily number of manned operations were 1,000 or greater in at least 1 of the preceding 3 years, without the imposition or collection of any fee, tax, or other charge for that purpose. Amounts for the provision of such services and support shall be derived from amounts appropriated or otherwise available for the Administration.
“(b) Determination of services and support to be provided.—In determining the services and support to be provided for an aviation event for purposes of subsection (a), the Administrator shall take into account the following:
(b) Clerical amendment.—The analysis of chapter 453 of title 49, United States Code, is amended by adding at the end the following:
“Sec. 45307. Exemption of fees for air traffic services.”.
(c) Conforming repeal.—Section 530 of the FAA Reauthorization of 2018 (49 U.S.C. 40103 note), and the item relating to that section in the table of contents in section 1(b) of such Act, are repealed.
Not later than 24 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a final rule for the rulemaking activity titled “Modernization of Special Airworthiness Certification”, published in Fall 2022 in the long-term actions of the Unified Agenda of Federal Regulatory and Deregulatory Actions (RIN 2120–AL50).
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall update the Administration’s Designee Management Policy (FAA Order 8000.95B), or any successor order, to ensure due process and increase transparency in Federal Aviation Administration-initiated terminations of designees.
(b) Updates to the designee management policy.—In updating the Administration’s Designee Management Policy under subsection (a), the Administrator shall, at a minimum, provide for the following:
(1) A process by which a designee—
(B) is notified of the change in a delegated authority to “suspended” or “terminated” during a Federal Aviation Administration-initiated termination;
(C) is provided a point of contact, who is independent of any investigation or termination action involving the designee, within the Administration, to correspond with for purposes of discussing the termination process and the designee’s status, including the handling of correspondence during the investigation process described in paragraph (2), if applicable, and the review panel described in paragraph (3);
(2) An investigation process to determine the appropriate outcome in situations in which termination is being considered by the Administrator, which shall include the following elements:
(D) A review of the designee’s record in the designee management system and any relevant background information in the appropriate Federal Aviation Administration databases to determine if there is a pattern of inappropriate behavior or misconduct.
(E) A review of the designee’s response to the investigation, if provided, to include any documentation provided by the designee.
(3) A review panel to determine whether a termination is appropriate when termination for cause is a possible outcome upon the completion of the investigation described in paragraph (2), of which such review panel shall—
(c) Subsequent review for designated pilot examiners.—
(1) IN GENERAL.—The Administrator shall set up a process through which a Designated Pilot Examiner terminated for cause may request a subsequent review by the Executive Director of the Flight Standards Service.
(2) REQUEST.—A Designated Pilot Examiner terminated for cause may request a subsequent review described in paragraph (1) not later than 15 calendar days after termination,
(a) In general.—The Administrator of the Federal Aviation Administration shall assign to the Aviation Rulemaking Advisory Committee (in this section referred to as the “Committee”) the task of reviewing all regulations and policies related to check airmen for air carrier operations conducted under part 135 of title 14, Code of Federal Regulations.
(b) Duties.—The Committee shall—
(1) review the processes and requirements by which authorized check airmen are selected, trained, and approved by the Administrator, and provide recommendations with respect to the regulatory and policy changes necessary to ensure efficient training and utilization of such check airmen;
(c) Action based on recommendations.—Not later than 1 year after receiving recommendations under subsection (a), the Administrator shall take such action as the Administrator considers appropriate with respect to such recommendations.
(d) Definition of authorized check airman.—In this section, the term “authorized check airman” means an individual employed by an air carrier that meets the qualifications and training requirements of sections 135.337 and 135.339 of title 14, Code of Federal Regulations, and is approved to evaluate and certify the knowledge and skills of pilots employed by such air carrier.
Section 40128(b)(4) of title 49, United States Code, is amended—
(3) by adding at the end the following:
“(E) consult with the advisory group established under section 805 of the National Parks Air Tour Management Act of 2000 (49 U.S.C. 40128 note) and consider all advice, information, and recommendations provided by the advisory group to the Administrator and the Director.”.
(a) In general.—Beginning on the date that is 30 days after the date of enactment of this Act, the following regulations shall cease to apply to any aircraft operating below 41,000 feet above mean sea level:
(b) Conforming amendment.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a final regulation revising the provisions of title 14, Code of Federal Regulations, described in paragraphs (1) and (2) of subsection (a) to conform to the limitation in applicability pursuant to subsection (a).
Section 44737 of title 49, United States Code, is amended—
(2) by adding at the end the following:
“(d) Exemption.—A helicopter issued an experimental certificate under section 21.191 of title 14, Code of Federal Regulations (or any successor regulations), or operating under a Special Flight Permit issued under section 21.197 of title 14, Code of Federal Regulations (or any successor regulations), is exempt from the requirements of this section.”.
(a) In general.—Not later than 4 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a program, in cooperation with the National Center for the Advancement of Aerospace, to be known as the “Airshow Venue Information, Awareness, Training, and Education Program” (in this section referred to as the “AVIATE Program”).
(b) Objective.—The objectives of the AVIATE Program shall be—
(1) to make information available to general aviation airport managers, local government officials, and other relevant stakeholders about how to host an airshow;
(2) to provide guidance and resources to help organizers plan and execute airshows and aerial events, including—
(c) Administration.—In carrying out the AVIATE Program, the Administrator shall consult and coordinate, as appropriate, with relevant stakeholders, including—
(2) general aviation aircraft owners and operators, including experimental aircraft owners and operators;
(a) In general.—Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall, as appropriate, establish or update low altitude routes and flight procedures to ensure safe rotorcraft and powered-lift aircraft operations within Class B airspace of the national airspace system.
(b) Flight procedures.—In carrying out subsection (a), the Administrator shall, as appropriate, establish or update approach and departure procedures at public-use airports and heliports within Class B airspace for rotorcraft and powered-lift aircraft operations.
(c) Flight routes.—
(1) IN GENERAL.—In carrying out this section, the Administrator shall revise part 71 of title 14, Code of Federal Regulations, as necessary, to establish or update low altitude routes related to Class B airspace operations for rotorcraft and powered-lift aircraft.
The Administrator of the Federal Aviation Administration shall seek to facilitate the recognition of medical qualifications under part 68 of title 14, Code of Federal Regulations, with civil aviation authorities in Canada and such other foreign countries that the Administrator determines are appropriate.
(a) EAGLE initiative.—
(1) IN GENERAL.—The Administrator of the Federal Aviation Administration shall continue to partner with industry and other Federal Government stakeholders in carrying out the Eliminate Aviation Gasoline Lead Emissions Initiative (in this section referred to as the “EAGLE Initiative”).
(2) FAA RESPONSIBILITIES.—In collaborating with industry and other Government stakeholders to carry out the EAGLE Initiative, the Administrator shall take such actions as may be necessary under the Administrator’s authority to facilitate—
(A) the safe elimination of the use of leaded aviation gasoline by piston-engine aircraft by the end of 2030 without adversely affecting the piston-engine aircraft fleet;
(B) the approval of unleaded alternatives to leaded aviation gasoline for use in all piston-engine aircraft types and piston-engine types;
(3) ACTIVITIES.—In carrying out the Administration’s responsibilities pursuant to paragraph (2), the Administrator, at a minimum, shall—
(A) develop and publish, as soon as practicable, a fleet authorization process for the efficient approval or authorization of unleaded aviation gasolines;
(B) review, update, and prioritize, as soon as practicable, certification processes and projects for aircraft engines and modifications to such engines to operate with unleaded aviation gasoline;
(C) evaluate and support programs that accelerate the creation, evaluation, qualification, deployment, and use of unleaded aviation gasolines;
(D) carry out, in partnership with the general aviation community, an ongoing campaign for training and educating aircraft owners and operators on how to safely transition to unleaded aviation gasoline;
(E) evaluate aircraft and aircraft engines to ensure that such aircraft and aircraft engines can operate with unleaded aviation gasoline candidates during cold weather conditions; and
(4) CONSULTATION AND COORDINATION WITH RELEVANT STAKEHOLDERS.—In carrying out the EAGLE Initiative, the Administrator shall continue to consult and coordinate, as appropriate, with relevant stakeholders, including—
(D) State, local, and Tribal airport officials or public agencies, with representation from both urban and rural areas;
(5) REPORTS TO CONGRESS.—
(A) INITIAL REPORT.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that—
(i) contains an updated strategic plan for developing a fleet authorization process for efficient approval and use of unleaded aviation gasolines;
(B) ANNUAL REPORTING.—Not later than 1 year after the date on which the Administrator submits the initial report under subparagraph (A), and annually thereafter, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual report on activities and progress of the EAGLE Initiative.
(b) Transition plan to unleaded fuels.—
(1) IN GENERAL.—In developing the transition plan under subsection (a)(2)(E), the Administrator shall, at a minimum, assess the following:
(A) Efforts undertaken by the EAGLE Initiative, including progress towards—
(i) safely eliminating the use of leaded aviation gasoline by piston-engine aircraft by the end of 2030 without adversely affecting the piston-engine aircraft fleet;
(B) The evaluation and development of necessary airport infrastructure, including fuel storage and dispensing facilities, to support the distribution and storage of unleaded aviation gasoline.
(C) The establishment of best practices for piston-engine aircraft owners and operators, airport managers and personnel, aircraft maintenance technicians, and other appropriate personnel for protecting against exposure to lead containment when—
(2) CONSULTATION.—In developing such transition plan, the Administrator shall consult, at a minimum, with representatives of entities described in subsection (a)(4).
(3) PUBLICATION; GUIDANCE.—Upon completion of developing such transition plan, the Administrator shall—
(4) COORDINATION WITH EAGLE INITIATIVE.—In developing such transition plan and associated guidance pertaining to the implementation of such transition plan, the Administrator shall consult and coordinate with individuals carrying out the EAGLE Initiative.
(5) MAPPING UNLEADED AVIATION GASOLINE.—The Administrator shall develop and continuously update websites, brochures, and other communication materials associated with such transition plan to clearly convey the availability of unleaded aviation gasoline at airports.
(6) BRIEFING TO CONGRESS.—Not later than 60 days after the publication of such transition plan, the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Technology of the Senate on such transition plan and any efforts or actions pertaining to the implementation of such transition plan.
Section 625(b)(1) of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended by striking “section 48105” and all that follows through the period at the end and inserting the following:
““section 48105 of title 49, United States Code, not more than—“(A) $15,000,000 for each of fiscal years 2024 through 2026 is authorized to be expended to provide grants under the program established under subsection (a)(1); and
(a) Manufacturing program.—Section 625(a) of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended—
(b) Project grants.—Section 625(b) of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended—
(2) by adding at the end the following:
“(3) EDUCATION PROJECTS.—The Secretary shall ensure that not less than 20 percent of the amounts authorized to be expended under this subsection shall be used to carry out a grant program which shall be referred to as the ‘Willa Brown Aviation Education Program’ (in this paragraph referred to as the ‘Program’) under which the Secretary shall provide grants for eligible projects described in subsection (d) that are carried out in communities in counties containing at least 1 qualified opportunity zone (as such term is defined in section 1400Z–1(a) of the Internal Revenue Code of 1986).”.
(c) Eligible applications.—Section 625(c) of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended by striking paragraphs (1) and (2) and inserting the following:
“(1) APPLICATION FOR AIRCRAFT PILOT PROGRAM.—An application for a grant under the program established under subsection (a)(1) may be submitted, in such form as the Secretary may specify, by—
“(B) an entity that holds management specifications under subpart K of title 91 of title 14, Code of Federal Regulations;
“(C) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002)), or a high school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));
“(D) a flight school that provides flight training, as defined in part 61 of title 14, Code of Federal Regulations, or that holds a pilot school certificate under part 141 of title 14, Code of Federal Regulations;
“(F) an aviation-related nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code; or
“(2) APPLICATION FOR AVIATION MAINTENANCE PROGRAM.—An application for a grant under the program established under subsection (a)(2) may be submitted, in such form as the Secretary may specify, by—
“(A) a holder of a certificate issued under part 21, 121, 135, 145, or 147 of title 14, Code of Federal Regulations;
“(C) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002)), or a high school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));
“(D) an aviation-related nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code; or
“(3) APPLICATION FOR AVIATION MANUFACTURING PROGRAM.—An application for a grant under the program established under subsection (a)(3) may be submitted, in such form as the Secretary may specify, by—
“(A) an entity that—
“(B) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002)), or a high school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));
“(C) an aviation-related nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code; or
(d) Eligible projects.—Section 625(d) of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended by striking paragraphs (1) and (2) and inserting the following:
“(1) AIRCRAFT PILOT PROGRAM.—For purposes of the program established under subsection (a)(1), an eligible project is a project—
“(A) to create and deliver curriculum that provides high school or secondary school students with meaningful aviation education to become aircraft pilots, aerospace engineers, or unmanned aircraft systems operators, including purchasing and operating a computer-based simulator associated with such curriculum;
“(B) to support the professional development of teachers using the curriculum described in subparagraph (A);
“(C) to create and deliver curriculum that provides certified flight instructors with the necessary instructional, leadership, and communication skills to better educate student pilots;
“(2) AVIATION MAINTENANCE PROGRAM.—For purposes of the program established under subsection (a)(2), an eligible project is a project—
“(A) to create and deliver curriculum that provides high school and secondary school students with meaningful aviation maintenance education to become an aviation mechanic or aviation maintenance technician, including purchasing and operating equipment associated with such curriculum;
“(B) to support the professional development of teachers using the curriculum described in subparagraph (A);
“(C) to establish or improve apprenticeship, internship, or scholarship programs for individuals pursuing employment in the aviation maintenance industry;
“(3) AVIATION MANUFACTURING PROGRAM.—For purposes of the program established under subsection (a)(3), and eligible project is a project—
“(A) to create and deliver curriculum that provides high school and secondary school students with meaningful aviation manufacturing education, including teaching the technical skills used in the production of components, parts, or systems thereof for inclusion in an aircraft, aircraft engine, propeller, or appliance;
“(B) to support the professional development of teachers using the curriculum described in subparagraph (A);
“(C) to establish apprenticeship, internship, or scholarship programs for individuals pursuing employment in the aviation manufacturing industry;
(e) Reporting and monitoring requirements.—Section 625 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended by adding at the end the following:
“(f) Reporting and monitoring requirements.—The Secretary shall establish reasonable reporting and monitoring requirements for grant recipients under this section to measure relevant outcomes for the grant programs established under paragraphs (1), (2), and (3) of subsection (a).
(a) In general.—Chapter 1 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 120. National Center for the Advancement of Aerospace
“(a) Federal charter and status.—
“(1) IN GENERAL.—The National Center for the Advancement of Aerospace (in this section referred to as the ‘Center’) is a federally chartered entity which shall be incorporated in the District of Columbia. The Center is a private independent entity, not a department, agency, or instrumentality of the United States Government or a component thereof. Except as provided in subsection (f)(1), an officer or employee of the Center is not an officer or employee of the Federal Government.
“(b) Governing body.—
“(1) IN GENERAL.—The Board of Directors (in this section referred to as the ‘Board’) is the governing body of the Center.
“(2) AUTHORITY.—
“(A) IN GENERAL.—The Board shall adopt bylaws, policies, and procedures to carry out the purpose of the Center and may take any other action that it considers necessary (in accordance with the duties and powers of the Center) for the management and operation of the Center. The Board is responsible for the general policies and management of the Center and for the control of all funds of the Center.
“(B) POWERS OF BOARD.—The Board shall have the power to do the following:
“(iii) Enter into contracts or agreements as a private entity not subject to the requirements of title 41.
“(3) MEMBERSHIP OF THE BOARD.—
“(A) IN GENERAL.—The Board shall have 10 Directors as follows:
“(i) EX-OFFICIO MEMBERSHIP.—The following individuals, or their designees, shall be considered ex-officio members of the Board:
“(4) CHAIR OF THE BOARD.—The Board shall choose a Chair of the Board from among the members of the Board that are not ex-officio members under paragraph (3)(A)(i).
“(5) ADMINISTRATIVE MATTERS.—
“(A) MEETINGS.—
“(i) IN GENERAL.—The Board shall meet at the call of the Chair but not less than 2 times each year and may, as appropriate, conduct business by telephone or other electronic means.
“(ii) OPEN.—
“(I) IN GENERAL.—Except as provided in subclause (II), a meeting of the Board shall be open to the public.
“(II) EXCEPTION.—A meeting, or any portion of a meeting, may be closed if the Board, in public session, votes to close the meeting because the matters to be discussed—
“(bb) may result in disclosure of commercial or financial information obtained from a person that is privileged or confidential;
“(C) CODE OF ETHICS.—The Board shall adopt a code of ethics for Directors, officers, agents, and employees of the Center to—
“(ii) at a minimum, prohibit any member of the Board from participating in any proceeding, application, ruling, or other determination, contract claim, award, controversy, or other matter in which the member, the member’s employer or prospective employer, or the member’s immediate family member has a direct financial interest.
“(c) Purpose.—The purpose of the Center is to—
“(2) provide a forum to support collaboration and cooperation between governmental, nongovernmental, and private aerospace sector stakeholders regarding the advancement of the aerospace workforce, including general, business, and commercial aviation, education, labor, manufacturing, international organizations, and commercial space transportation organizations;
“(3) serve as a repository for research conducted by institutions of higher education, research institutions, or other stakeholders regarding the aerospace workforce and related technical and skill development.
“(d) Duties.—In order to accomplish the purpose described in subsection (c), the Center shall perform the following duties:
“(1) Improve access to aerospace education and related skills training to help grow the U.S. aerospace workforce, including by—
“(A) assessing the state of the aerospace workforce, including challenges and identifying actions to address such challenges;
“(B) developing a comprehensive workforce strategy to help coordinate workforce development initiatives;
“(C) establishing or supporting apprenticeship, scholarship, internship, and mentorship programs that assist individuals who wish to pursue a career in an aerospace-related field;
“(D) supporting the development of aerospace education curricula, including syllabi, training materials, and lesson plans, for use by an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002)), or a high school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and
“(E) building awareness of youth-oriented aerospace programs and other robust outreach programs, including for primary, secondary, and post-secondary school students.
“(2) Support personnel or veterans of the Armed Forces seeking to transition to a career in aerospace through outreach, training, scholarships, apprenticeships, or other means.
“(3) Amplify and support the work carried out at the Centers of Excellence and Technical Centers of the Federal Aviation Administration regarding the aerospace workforce, or related technical and skills advancement, including organizing and hosting symposiums, conferences, and other forums as appropriate.
“(e) Duty to maintain tax-exempt status.—The Center shall be operated in a manner and for purposes that qualify the Center for exemption from taxation under the Internal Revenue Code as an organization described in section 501(c)(3) of such Code.
“(f) Administrative matters of Center.—
“(1) DETAILEES.—
“(2) NAMES AND SYMBOLS.—The Center may accept, retain, and use proceeds derived from the Center’s use of the exclusive right to use its name and seal, emblems, and badges incorporating such name as lawfully adopted by the Board in furtherance of the purpose and duties of the Center.
“(3) GIFTS, GRANTS, BEQUESTS, AND DEVISES.—The Center may accept, retain, use, and dispose of gifts, grants, bequests, or devises of money, services, or property from any public or private source for the purpose of covering the costs incurred by the Center in furtherance of the purpose and duties of the Center.
“(g) Restrictions.—
“(2) STOCKS AND DIVIDENDS.—The Center may not issue any shares of stock or declare or pay any dividends.
“(3) POLITICAL ACTIVITIES.—The Center shall be nonpolitical and may not provide financial aid or assistance to, or otherwise contribute to or promote the candidacy of, any individual seeking elective public office or political party. The Center may not engage in activities that are, directly, or indirectly, intended to be or likely to be perceived as advocating or influencing the legislative process.
“(4) DISTRIBUTION OF INCOME OR ASSETS.—The assets of the Center may not inure to the benefit of any member of the Board, or any officer or employee of the Center or be distributed to any person. This paragraph does not prevent the payment of reasonable compensation to any officer, employee, or other person or reimbursement for actual and necessary expenses in amounts approved by the Board.
“(h) Advisory committee.—
“(1) IN GENERAL.—The Executive Director shall appoint members to an advisory committee subject to approval by the Board. Members of the Board may not sit on the advisory committee.
“(2) MEMBERSHIP.—The advisory committee shall consist of not more than 15 members who represent various aviation industry and labor stakeholders, stakeholder associations, and others as determined appropriate by the Board. The advisory committee shall select a Chair and Vice Chair from among its members by majority vote.
“(3) DUTIES.—The advisory committee shall—
“(A) provide recommendations to the Board on an annual basis regarding the priorities for the activities of the Center;
“(i) Working groups.—
“(1) IN GENERAL.—The Board may establish working groups as determined necessary and appropriate to achieve the purpose of the Center under subsection (c).
“(2) MEMBERSHIP.—Any working group established by the Board shall be composed of private sector representatives, stakeholder associations, members of the public, labor representatives, and other relevant parties, as determined appropriate by the Board. Once established, the membership of such working group shall choose a Chair from among the members of the working group by majority vote.
“(j) CAREER Council.—
“(1) ESTABLISHMENT.—Not later than September 30, 2026, the Executive Director, in coordination with the Secretary, shall establish a council (in this section referred to as the ‘CAREER Council’) for the CAREER Program established under section 40131.
“(2) DUTIES.—The CAREER Council shall aid the Secretary and the Center in carrying out the CAREER Program by reviewing grant applications and recommending grant recipients.
“(3) APPOINTMENT.—The CAREER Council shall be appointed from candidates nominated by national associations representing various sectors of the aviation industry, including—
“(k) Annual report.—The Board shall submit an annual report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that, at minimum, includes a review and examination of—
“(l) Audit by Department of Transportation inspector general.—
“(1) IN GENERAL.—Not later than 2 years after the date on which the Center is established under subsection (a), the inspector general of the Department of Transportation shall conduct a review of the Center.
“(2) CONTENTS.—The review shall—
“(3) REPORT ON AUDIT.—
“(A) REPORT TO SECRETARY.—Not later than 30 days after the date of completion of the audit, the inspector general shall submit to the Secretary a report on the results of the audit.
“(B) REPORT TO CONGRESS.—Not later than 60 days after the date of receipt of the report under subparagraph (A), the Secretary shall submit to the appropriate committees of Congress a copy of the report, together with, if appropriate, a description of any actions taken or to be taken to address the results of the audit.
(b) Clerical amendment.—The analysis for chapter 1 of title 49, United States Code, is amended by inserting after the item relating to section 119 the following:
“120. National Center for the Advancement of Aerospace.”.
(a) In general.—Chapter 401 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 40131. Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Program
“(a) Establishment.—Not later than September 30, 2026, the Secretary of Transportation, through the National Center for the Advancement of Aerospace (in this section referred to as the ‘Center’), shall establish an aviation workforce cooperative development program to be known as the Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Program (in this section referred to as the ‘CAREER Program’) to support the education, recruitment, training, and retention of future aviation professionals and the development of a robust United States aviation workforce by—
“(b) Implementation.—
“(1) PARTNERSHIP WITH NCAA.—In implementing the CAREER Program established under subsection (a), the Secretary shall partner with the CAREER Council established in subsection (j) of section 120.
“(c) Solicitation, review, and evaluation process.—In carrying out the CAREER Program, the Secretary shall establish a solicitation, review, and evaluation process that ensures funds made available to carry out this section are awarded to eligible entities with proposals that have adequate merit and relevancy to the mission of the program.
“(d) Eligible entities.—An eligible entity under this section is—
“(2) an entity that holds management specifications under subpart K of title 91 of title 14, Code of Federal Regulations;
“(3) a holder of a certificate issued under parts 139, 145, or 147 of title 14, Code of Federal Regulations;
“(4) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002)), or a high school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));
“(5) a flight school that provides flight training, as defined in part 61 of title 14, Code of Federal Regulations, or that holds a pilot school certificate under part 141 of title 14, Code of Federal Regulations;
“(8) an aviation-related nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code; or
“(e) Reporting and monitoring requirements.—The Secretary shall establish reasonable reporting and monitoring requirements for grant recipients under this section to measure relevant outcomes of the program maintained pursuant to subsection (a).
“(f) Report.—Not later than September 30, 2027, and annually through fiscal year 2028, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the program that includes—
“(1) a summary of projects awarded grants under this section and the progress of each recipient towards fulfilling program expectations;
(b) Clerical amendment.—The analysis for chapter 401 of title 49, United States Code, is amended by adding at the end the following:
“40131. Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Program.”.
(b) Clerical amendments.—The analysis for chapter 445 of title 49, United States Code, is amended by striking the items relating to sections 44510 and 44515.
(a) Publication frequency.—The Administrator of the Federal Aviation Administration shall publish the study commonly referred to as the “U.S. Civil Airmen Statistics” on a monthly basis.
(b) Presentation of data.—
(a) Establishment.—Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall establish a Bessie Coleman Women in Aviation Advisory Committee (hereinafter referred to as the “Committee”).
(b) Purpose.—The Committee shall advise the Secretary and the Administrator of the Federal Aviation Administration on matters and policies related to the recruitment, retention, employment, education, training, well-being, and treatment of women in the aviation industry and aviation-focused Federal civil service positions.
(c) Form of directives.—All activities carried out by the Committee, including special committees, shall be in response to written terms of reference or taskings from the Secretary and may not duplicate the objectives of the Air Carrier Training Aviation Rulemaking Committee.
(d) Functions.—In carrying out the directives described in subsection (c), the functions of the Committee are as follows:
(1) Foster industry collaboration in an open and transparent manner by engaging, as prescribed by this section, representatives of the private sector associated with an entity described in subsection (e)(1)(B).
(e) Membership.—
(1) VOTING MEMBERS.—The Advisory Committee shall be composed of the following members:
(B) At least 25 individuals, appointed by the Secretary, representing the following:
(iv) Public and private aviation labor organizations, including collective bargaining representatives of—
(xiii) Institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002)), or a high school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)).
(2) NONVOTING MEMBERS.—
(A) IN GENERAL.—In addition to the members appointed under paragraph (1), the Committee shall be composed of not more than 5 nonvoting members appointed by the Secretary from among officers or employees of the FAA.
(3) TERMS.—Each voting member and nonvoting member of the Committee appointed by the Secretary shall be appointed for a term of 4 years.
(4) COMMITTEE CHARACTERISTICS.—The Committee shall have the following characteristics:
(A) The ability to obtain necessary information from additional experts in the aviation and aerospace communities.
(f) Chairperson.—
(g) Meetings.—
(h) Special committees.—
(1) ESTABLISHMENT.—The Committee may establish special committees composed of private sector representatives, members of the public, labor representatives, and other relevant parties in complying with the consultation and participation requirements under subsection (d).
(i) Personnel matters.—
(1) NO COMPENSATION OF MEMBERS.—
(2) TRAVEL EXPENSES.—The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.
(j) Reports.—The Committee shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report upon completion of each tasking summarizing the Committee’s—
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall partner with the National Center for the Advancement of Aerospace (in this section referred to as the “Center”) to establish a high-quality, web-based resource center that provides stream-lined public access to information sources on the following:
(b) Leveraging FAA education, research, and partnership programs.—In carrying out subsection (a)(3), the Administrator and the Executive Director of the Center, in partnership with museums, nonprofit organizations, and commercial entities, shall, to the maximum extent practicable, leverage field and regional offices of the Federal Aviation Administration, the Mike Monroney Aeronautical Center, the William J. Hughes Technical Center for Advanced Aerospace, Air Transportation Centers of Excellence, and the Aviation and Space Education program of the Federal Aviation Administration to develop an array of educational and informative aviation-related educational activities and materials for students of varying ages and levels of education to use in the classroom, for after-school programs and at home.
(a) In general.—The Administrator of the Federal Aviation Administration may hire individuals from eligible institutions of higher education under the Unmanned Aircraft System Collegiate Training Initiative (in this section referred to as “UAS CTI”), as established in section 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note), without regard to—
(b) Eligibility.—Individuals eligible for employment by the Administrator under subsection (a) shall—
(1) be in good standing or have graduated in good standing from an institution of higher education with a signed memorandum of understanding under the UAS CTI;
(2) hold or have completed the majority of a related Bachelors or Associates degree, as described by the eligibility requirements of the UAS CTI;
(c) Definitions.—In this section:
(1) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(a) Establishment.—Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall establish an interagency working group (in this section referred to as the “working group”) to advise the Secretary of Transportation and the Secretary of Defense on matters and policies related to the training and certification of a covered aviation professional to improve career transition between the military and civilian workforces.
(b) Membership.—
(c) Activities.—The working group shall—
(d) Initial report to congress.—
(1) IN GENERAL.—Not later than 1 year after the date on which the Secretary of Transportation establishes the working group, the working group shall submit to the appropriate committees of Congress an initial report on the activities of the working group.
(e) Annual reporting.—Not later than 1 year after the date on which the working group submits the initial report under subsection (d), and annually thereafter, the working group shall submit to the appropriate committees of Congress a report—
(f) Sunset.—The working group shall terminate on the date that is 4 years after the date on which the working group submits the initial report to Congress pursuant to subsection (d).
(a) Working group.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall task the Aviation Rulemaking Advisory Committee to establish a working group to review knowledge testing processes and procedures to improve the facilitation, administration, and accessibility of knowledge tests.
(b) Activities.—The working group established pursuant to subsection (a) shall—
(c) Mechanic general knowledge test.—In addition to the activities under subsection (b), the Aviation Rulemaking Advisory Committee shall task the working group established pursuant to subsection (a) with assessing opportunities to allow a high school student upon successful completion of an aviation maintenance curriculum to take the general written knowledge portion of the mechanic exam described in section 65.75 of title 14, Code of Federal Regulations, at an Administration-approved testing center.
(d) Report.—Not later than 18 months after the Aviation Rulemaking Advisory Committee tasks the working group under subsection (a), the working group shall submit to the Administrator a final report making recommendations to improve the facilitation, administration, and accessibility of knowledge tests.
(e) Definitions.—In this section:
(1) HIGH SCHOOL.—The term “high school” has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) KNOWLEDGE TEST.—The term “knowledge test” means a test prescribed under parts 61 and 65 of title 14, Code of Federal Regulations.
(3) SECONDARY SCHOOL.—The term “secondary school” has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(a) Working group.—The Administrator of the Federal Aviation Administration shall task the Airman Certification System Working Group established under the Aviation Rulemaking Advisory Committee of the Administration to review Airman Certification Standards to ensure that airman proficiency and knowledge correlates and corresponds to regulations, procedures, equipment, aviation infrastructure, and safety trends at the time of such review.
(b) ACS publication.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall publish on the website of the Administration—
(1) the process by which the Airman Certification Standards are to be established, updated, and maintained;
(a) Responsibility for controller workforce plan.—
(1) AIR TRAFFIC CONTROLLER STAFFING INITIATIVES AND ANALYSIS.—Section 221 of the Vision 100–Century of Aviation Reauthorization Act (49 U.S.C. 44506 note) is amended by striking “Administrator of the Federal Aviation Administration” and inserting “Chief Operating Officer of the Air Traffic Organization of the Federal Aviation Administration”.
(b) Maximum hiring.—Subject to the availability of appropriations, for each of fiscal years 2024 through 2027, the Administrator of the Federal Aviation Administration shall set as the hiring target for new air traffic controllers (excluding individuals described in section 44506(f)(1)(A) of title 49, United States Code) the maximum number of individuals able to be trained at the Federal Aviation Administration Academy.
(c) Hiring and staffing.—The Chief Operating Officer of the Federal Aviation Administration shall revise the air traffic control hiring plans and staffing standards of the Administration to—
(1) provide that the controller and management workforce is adequately staffed to safely and efficiently manage and oversee the air traffic control system to the satisfaction of the Chief Operating Officer;
(d) Interim adoption of collaborative resource workgroup models.—
(1) IN GENERAL.—In carrying out subsection (c) and in submitting a Controller Workforce Plan of the Administration published after the date of enactment of this Act, the Chief Operating Officer shall adopt and utilize the staffing models and methodologies developed by the Collaborative Resource Workgroup that were recommended in a report submitted to the Administrator and referenced in the Controller Workforce Plan submitted to Congress on May 5, 2023.
(e) Assessment.—
(1) REVIEW.—Not later than 180 days after the date of enactment of this Act, the Administrator shall enter into an agreement with the Transportation Research Board to—
(2) REPORT.—
(3) CONSULTATION.—In conducting the assessment under this subsection, the Transportation Research Board shall consult with—
(A) exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code;
(f) Required implementation of identified staffing model.—The Administrator shall take such action that may be necessary to adopt and utilize the staffing model identified by the Transportation Research Board pursuant to subsection (e)(2)(A)(ii), including any recommendations for improving such model.
(g) Controller training.—In any Controller Workforce Plan of the Administration published after the date of enactment of this Act, the Chief Operating Officer shall—
(a) In general.—The Administrator of the Federal Aviation Administration shall assess, on a recurring basis, staffing levels, critical competencies, and skills gaps of safety critical positions in the Flight Standards Service and Aircraft Certification Service and within other offices of the Administration that support such services.
(b) Considerations.—In completing the assessment described in subsection (a), the Administrator shall—
(1) evaluate the workload at the time of the assessment, historic workload, and estimated future workload of such personnel;
(2) conduct a critical competency and skills gap analysis to determine the knowledge and skill sets needed for work at the time of the assessment and anticipated work, with an emphasis on work pertaining to—
(3) compare the outcome of such analysis described in paragraph (2) to the competency and skills of the workforce at the time of the assessment; and
(c) Report.—Upon completion of an assessment described in subsection (a), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the following:
(1) The methodology and findings of the assessment described in subsection (a), including an analysis of hiring authorities of the Administration at the time of the assessment, including direct hiring authorities, by occupation series for inspector, engineer, and other safety critical positions within Flight Standards Service and Aircraft Certification Service.
(2) Action based recommendations the Administration can take to improve—
(B) the skill sets and competencies of inspectors, engineers, and other safety critical positions at the time of the assessment;
(d) Safety critical position defined.—In this section, the term “safety critical position” means—
(a) Streamlined certification for eligible military maintenance technicians.—Not later than 1 year after the interagency working group in section 311 of this Act is convened, the Administrator of the Federal Aviation Administration shall task such working group with evaluating the appropriateness of revising part 65 of title 14, Code of Federal Regulations, to—
(2) develop, as necessary, a relevant Airman Certification Standard to qualify eligible military maintenance technicians for a mechanic certificate issued by the Federal Aviation Administration with an airframe rating or a powerplant rating, or both; and
(3) allow a certificate of eligibility from the Joint Services Aviation Maintenance Technician Certification Council (in this section referred to as the “JSAMTCC”) evidencing completion of a training curriculum for any rating sought to serve as a substitute to fulfill the requirement under such part 65 for oral and practical tests administered by a designated mechanic examiner for eligible military maintenance technicians.
(b) Final rule.—If the working group finds that revising part 65 of title 14, Code of Federal Regulations, as described in section (a) is appropriate, not later than 1 year after the finding, the Administrator shall issue a final rule that revises part 65 of title 14, Code of Federal Regulations, as described in subsection (a).
(c) Aeronautical knowledge subject areas.—
(1) IN GENERAL.—The military mechanic written competency test and Airman Certification Standard described in subsection (a)(1) and subsection (a)(2), respectively, shall focus on the aeronautical knowledge subject areas contained in the Aviation Mechanic General, Airframe, and Powerplant Airman Certificate Standards, as appropriate to the rating sought.
(d) Expansion of testing locations.—The interagency working group described in subsection (a) shall determine whether an expansion of the number of active testing locations operated within military installation testing centers would increase access to testing, as well as how to implement such expansion.
(e) Outreach and awareness.—The interagency working group described in subsection (a) shall develop a plan to increase outreach and awareness regarding—
(f) Eligible military maintenance technician defined.—In this section, the term “eligible military maintenance technician” means an individual who is a current or former military aviation maintenance technician who was honorably discharged or has retired from the armed forces (as such term is defined in section 101 of title 10, United States Code).
(a) In general.—
(1) DEVELOPMENT.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop a document (in this section referred to as the “Airman’s Medical Bill of Rights”) detailing the right of an individual before, during, and after a medical exam conducted by an Aviation Medical Examiner.
(2) CONTENTS.—The Airman’s Medical Bill of Rights required under paragraph (1) shall, at a minimum, contain information about the right of an individual to—
(G) ask questions about the health status of the individual or any suggested treatments or evaluations, and to have such questions fully answered;
(H) report an incident of misconduct by an Aviation Medical Examiner to the appropriate authorities, including to the State licensing board of the Aviation Medical Examiner or the Federal Aviation Administration;
(b) Expectations for medical examinations.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a simplified document explaining the standard procedures performed during a medical examination conducted by an Aviation Medical Examiner.
(a) Improved designee misconduct reporting process.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a streamlined process for individuals involved in incidents of alleged misconduct by a designee to report such incidents in a manner that protects the privacy and confidentiality of such individuals.
(2) PUBLIC ACCESS TO REPORTING PROCESS.—The process for reporting alleged misconduct by a designee shall be made available to the public on the website of the Administration, including—
(3) OBLIGATION TO REPORT CRIMINAL CHARGES.—Not later than 90 days after the date of enactment of this Act, the Administrator shall revise the orders and policies governing the Designee Management System to clarify that designees are obligated to report any arrest, indictment, or conviction for violation of a local, State, or Federal law within a period of time specified by the Administrator.
(4) AUDIT OF REPORTING PROCESS BY INSPECTOR GENERAL.—
(A) IN GENERAL.—Not later than 3 years after the date on which the Administrator finalizes the update of the reporting process under paragraph (1), the inspector general of the Department of Transportation shall conduct an audit of such reporting process.
(B) CONTENTS.—In conducting the audit of the reporting process described in subparagraph (A), the inspector general shall, at a minimum—
(i) review the efforts of the Administration to improve the reporting process and solutions developed to respond to and investigate allegations of misconduct;
(ii) analyze reports of misconduct brought to the Administrator prior to any changes made to the reporting process as a result of the enactment of this Act, including the ultimate outcomes of those reports and whether any reports resulted in the Administrator taking action against the accused designee;
(C) REPORT.—Not later than 1 year after the date of initiation of the audit described in subparagraph (A), the inspector general shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of such audit, including findings and recommendations.
(a) In general.—The Administrator of the Federal Aviation Administration shall conduct a review to determine whether air carriers operating under part 121 of title 14, Code of Federal Regulations, and repair stations certificated under part 145 of such title have in place uniform policies and uniform offerings that ensure pregnant employees can perform required duties safely.
(b) Consultation.—In conducting the review required under subsection (a), the Administrator shall consult with air carriers and repair stations described in subsection (a) and employees of such air carriers and such stations who are required to adhere to a uniform policy.
(c) Briefing.—Not later than 2 years after the date of enactment of this Act, the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the results of the review required under subsection (a).
Section 131(d) of the Aircraft Certification, Safety, and Accountability Act (49 U.S.C. 40101 note) is amended by striking “fiscal years 2021 through 2025” and inserting “fiscal years 2023 through 2028”.
Section 40104 of title 49, United States Code, is amended—
Section 40104 of title 49, United States Code, is further amended by inserting after subsection (b) (as redesignated by section 325) the following:
“(c) Educational and professional development.—
“(1) IN GENERAL.—In carrying out subsection (a), the Administrator shall support and undertake efforts, including through the National Center for the Advancement of Aerospace, to promote and support the education of current and future aerospace professionals.
“(2) EDUCATION MATERIALS.—Based on the availability of resources, the Administrator shall distribute civil aviation information, and educational materials, and provide expertise to State and local school administrators, college and university officials, and officers of other interested organizations and entities.
“(3) SUPPORT FOR PROFESSIONAL DEVELOPMENT AND CONTINUING EDUCATION.—To the extent a nonprofit organization, association, industry group, educational institution, collective bargaining unit, governmental organization, or other entity that organizes or hosts a lecture, conference, convention, meeting, round table, or any other type of program with the purpose of sharing educational information related to aerospace with a broad audience, the Administrator shall—
“(4) CONTENT.—In planning for the opportunities under paragraph (3), the Administrator shall maintain presentations and content covering topics of broad relevance, including—
The Administrator of the Federal Aviation Administration shall establish a new work code for human factors professionals who—
(1) perform work involving the design and testing of technologies, processes, and systems which require effective and safe human performance;
(a) Establishment.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a working group (in this section referred to as the “working group”) to review the medical processes, policies, and procedures of the Administration and to make recommendations to the Administrator on modernizing such processes, policies, and procedures to ensure timely and efficient certification of airmen.
(b) Membership.—
(c) Activities.—In reviewing the aeromedical decision-making processes, policies, and procedures of the Administration in accordance with subsection (a), the working group, at a minimum, shall—
(1) assess the medical conditions an Aviation Medical Examiner may issue a medical certificate directly to an individual;
(4) determine whether the renewal of a special issuance can be based on a medical evaluation and treatment plan by the treating medical specialist of the individual with concurrence from an Aviation Medical Examiner;
(7) review policies and guidance relating to Attention-Deficit Hyperactivity Disorder and Attention Deficit Disorder;
(8) evaluate whether medications used to treat such disorders may be safely prescribed to an airman;
(9) review protocols pertaining to the Human Intervention Motivation Study of the Federal Aviation Administration;
(11) review mental health protocols, including mental health conditions such as depression and anxiety;
(d) Pilot mental health task group.—
(1) ESTABLISHMENT.—Not later than 120 days after the working group pursuant to subsection (a) is established, the co-chairs of such working groups shall establish a pilot mental health task group (referred to in this subsection as the “task group”) to develop and provide recommendations related to supporting the mental health of aircraft pilots.
(3) DUTIES.—The duties of the task group shall include—
(B) reviewing and evaluating guidance issued by the International Civil Aviation Organization on pilot mental health; and
(C) providing recommendations for—
(i) best practices for detecting, assessing, and reporting mental health conditions and treatment options as part of pilot aeromedical assessments;
(ii) improving the training of aviation medical examiners to identify mental health conditions among pilots, including guidance on referrals to a mental health provider or other aeromedical resource;
(4) REPORT.—Not later than 2 years after the date of the establishment of the task group, the task group shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report detailing—
(d) Support.—The Administrator shall seek to enter into one or more agreements with the National Academies to support the activities of the working group described in subsection (c).
(e) Findings; recommendations.—
(1) FINDINGS.—The working group shall report annually to the Administrator, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate on findings resulting from the activities carried out pursuant to subsection (c).
(a) In general.—Not later than 2 years after the date of enactment of this Act, the Chief Operating Officer of the Air Traffic Organization of the Federal Aviation Administration shall conduct a study on frontline manager workload challenges in air traffic control facilities.
(b) Considerations.—In conducting the study required under subsection (a), the Chief Operating Officer may—
(c) Briefing.—Not later than 3 years after the date of enactment of this Act, the Chief Operating Officer shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the results of the study conducted under subsection (a).
Section 44729 of title 49, United States Code, is amended—
(2) in subsection (b)(1) by striking “; or” and inserting “, unless the operation takes place in airspace where such operations are not permitted; or”;
(3) by striking subsection (c) and redesignating subsections (d) through (h) as subsections (c) through (g), respectively;
(4) in subsection (c), as so redesignated—
(B) by striking “the date of enactment of this section,” and inserting “the date of enactment of the Securing Growth and Robust Leadership in American Aviation Act,”;
(5) in subsection (d), as so redesignated—
(B) in paragraph (2) by striking “section, taken in conformance with a regulation issued to carry out this section, or taken prior to the date of enactment of this section in conformance with section 121.383(c) of title 14, Code of Federal Regulations (as in effect before such date of enactment), may” and inserting “section or taken in conformance with a regulation issued to carry out this section, may”; and
(6) by adding at the end the following:
“(h) Savings clause.—An air carrier engaged in covered operations described in subsection (b)(1) on or after the date of enactment of the Securing Growth and Robust Leadership in American Aviation Act may not require employed pilots to serve in such covered operations after attaining 65 years of age.”.
(a) In general.—Section 47102 of title 49, United States Code, is amended—
(2) in paragraph (3)—
(D) in subparagraph (K) by striking “if the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a)) and if the airport would be able to receive emission credits, as described in section 47139”;
(E) in subparagraph (L) by striking “the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a)), if the airport would be able to receive appropriate emission credits (as described in section 47139), and”;
(F) in subparagraph (P) by striking “improve the reliability and efficiency of the airport’s power supply” and inserting “improve reliability and efficiency of the airport’s power supply or meet current and future electrical power demand”; and
(G) by adding at the end the following:
“(S) construction or renovation of childcare facilities for the exclusive use of airport employees or other individuals who work on airport property, including for air carriers and airport concessionaires.
“(T) advanced digital construction management systems and related technology used in the planning, design and engineering, construction, operations, and maintenance of airport facilities.
(4) by redesignating paragraphs (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), and (28) as paragraphs (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), and (29), respectively;
(6) in paragraph (28) (as so redesignated) by striking “the Trust Territory of the Pacific Islands,”;
Section 47107(r)(3) of title 49, United States Code, is amended by striking “2023” and inserting “2028”.
Section 47107(t)(2) of title 49, United States Code, is amended—
(1) in subparagraph (A) by striking “the date of enactment of this subsection” and inserting “October 7, 2016”; and
Section 47107(v) of title 49, United States Code, is amended to read as follows:
“(v) Community use of airport land.—
“(1) IN GENERAL.—Notwithstanding subsections (a)(13), (b), and (c), and subject to paragraph (2), the sponsor of a public-use airport shall not be considered to be in violation of this subtitle, or to be found in violation of a grant assurance made under this section, or under any other provision of law, as a condition for the receipt of Federal financial assistance for airport development, solely because the sponsor has—
“(2) RESTRICTIONS.—
“(A) INTERIM COMPATIBLE RECREATIONAL PURPOSE.—Paragraph (1) shall apply, with respect to a sponsor that has taken the action described in subparagraph (A) of such paragraph, only—
“(i) to an agreement regarding airport property that was initially entered into before the publication of the Federal Aviation Administration’s Policy and Procedures Concerning the Use of Airport Revenue, dated February 16, 1999;
“(ii) if the agreement between the sponsor and the local government is subordinate to any existing or future agreements between the sponsor and the Secretary, including agreements related to a grant assurance under this section;
“(iv) if the airport sponsor has provided a written statement to the Administrator that the property made available for a recreational purpose will not be needed for any aeronautical purpose during the next 10 years;
“(v) if the agreement includes a term of not more than 2 years to prepare the airport property for the interim compatible recreational purpose and not more than 10 years of use for that purpose;
“(B) PERMANENT RECREATIONAL USE.—Paragraph (1) shall apply, with respect to a sponsor that has taken the action described in subparagraph (B) of such paragraph, only—
“(i) to airport property that was purchased using funds from a Federal grant for acquiring land issued prior to December 30, 1987;
“(ii) to airport property that has been continuously used as a recreational and public park since January 1, 1995;
“(iii) if the airport sponsor has provided a written statement to the Administrator that the property to be permanently restricted for recreational and public park use is not needed for any aeronautical use at the time the written statement is provided and is not expected to be needed for any aeronautical use at any time after such statement is provided;
“(v) if the airport sponsor provides a certification that the sponsor is not responsible for operations, maintenance, or any other costs associated with the recreational and public park use;
“(vi) if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502;
Section 47108 of title 49, United States Code, is amended—
(2) by striking subsection (b) and inserting the following:
“(b) Increasing government share.—
“(1) IN GENERAL.—Except as provided in paragraph (2) or (3), the amount stated in an offer as the maximum amount the Government will pay may not be increased when the offer has been accepted in writing.
“(2) EXCEPTION.—For a project receiving assistance under a grant approved under this chapter or chapter 475, the amount may be increased—
“(3) PRICE ADJUSTMENT PROVISIONS.—
Section 47110 of title 49, United States Code, is amended—
(2) in subsection (d)(1) by striking “section 47114(c)(1) or 47114(d)” and inserting “section 47114 or distributed from the small airport fund under section 47116”;
(3) in subsection (e)(2)(C) by striking “commercial service airport having at least 0.25 percent of the boardings each year at all such airports” and inserting “medium hub airport or large hub airport”;
(a) In general.—Section 47110 of title 49, United States Code, is further amended by adding at the end the following:
“(i) Small airport letters of intent.—
“(1) IN GENERAL.—The Secretary may issue a letter of intent to a sponsor stating an intention to obligate an amount from future budget authority for an airport development project (including costs of formulating the project) at a nonhub airport or an airport that is not a primary airport. The letter shall establish a schedule under which the Secretary will reimburse the sponsor for the Government’s share of allowable project costs, as amounts become available, if the sponsor, after the Secretary issues the letter, carries out the project without receiving amounts under this subchapter.
“(2) LIMITATIONS.—The amount the Secretary intends to obligate in a letter of intent issued under this subsection shall not exceed the larger of—
“(3) FINANCING.—Allowable project costs under paragraph (1) may include costs associated with making payments for debt service on indebtedness incurred to carry out the project.
“(4) REQUIREMENTS.—The Secretary shall only issue a letter of intent under paragraph (1) if—
“(5) ASSESSMENT.—In reviewing a request for a letter of intent under this subsection, the Secretary shall consider the grant history of an airport, the airport’s enplanements or operations, and such other factors as the Secretary determines appropriate.
“(6) PRIORITIZATION.—In issuing letters of intent under this subsection, the Secretary shall—
“(7) REQUIRED USE.—
“(A) IN GENERAL.—Beginning in fiscal year 2028, and in each fiscal year thereafter, the Secretary shall ensure that not less than $100,000,000 is committed to be reimbursed in such fiscal year pursuant to letters of intent issued under this subsection.
“(B) WAIVER.—The Secretary may waive the requirement under subparagraph (A) for a fiscal year if the Secretary determines there are insufficient letter of intent requests that meet the requirements of paragraph (4). Upon such waiver, the Secretary shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the reasons contributing to the need for such waiver and the actions the Secretary intends to take to ensure that there are sufficient letter of intent requests that meet the requirements of paragraph (4) in the fiscal year succeeding the fiscal year for which the Secretary issued such waiver.
“(C) RESTRICTION.—The total estimated amount of future Government obligations covered by all outstanding letters of intent under paragraph (1) may not be more than the amount authorized to carry out section 48103 of this title, less an amount reasonably estimated by the Secretary to be needed for grants under section 48103 that are not covered by a letter.
“(8) NO OBLIGATION OR COMMITMENT.—A letter of intent issued under this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriation laws.
Section 47110 of title 49, United States Code, is further amended by adding at the end the following:
“(j) Additional nonallowable costs.—
“(1) IN GENERAL.—A cost is not an allowable airport development project cost under this chapter if the cost relates to a contract for procurement or installation of a passenger boarding bridge if the contract is with an entity on the list required under paragraph (2).
“(2) REQUIRED LIST.—Not later than 30 days after the date of enactment of this subsection, the Secretary shall, based on information provided by the United States Trade Representative and the Attorney General, publish and annually update a list of entities manufacturing airport passenger boarding bridges—
Section 47110 of title 49, United States Code, is further amended by adding at the end the following:
“(k) Fuel infrastructure.—
“(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may decide that covered costs are allowable for an airport development project at a primary or nonprimary airport where such costs are paid for with funds apportioned to the sponsor of such airport under section 47114 or provided pursuant to section 47115.
“(2) PRIORITIZATION.—If the Secretary makes grants from the discretionary fund under section 47115 for covered costs, the Secretary shall prioritize providing such grants to general aviation airports.
(a) Primary, commercial service, and cargo airports.—
(1) PRIMARY AND COMMERCIAL SERVICE AIRPORTS.—Section 47114(c)(1) of title 49, United States Code, is amended to read as follows:
“(1) PRIMARY AND COMMERCIAL SERVICE AIRPORTS.—
“(A) PRIMARY AIRPORT APPORTIONMENT.—The Secretary shall apportion to the sponsor of each primary airport for each fiscal year an amount equal to—
“(i) $15.60 for each of the first 50,000 passenger boardings at the airport during the prior calendar year;
“(ii) $10.40 for each of the next 50,000 passenger boardings at the airport during the prior calendar year;
“(iii) $5.20 for each of the next 400,000 passenger boardings at the airport during the prior calendar year;
“(B) MINIMUM AND MAXIMUM APPORTIONMENTS.—Not less than $1,300,000 nor more than $22,000,000 may be apportioned under subparagraph (A) to an airport sponsor for a primary airport for each fiscal year.
“(C) NEW AIRPORT.—Notwithstanding subparagraph (A), the Secretary shall apportion in the first fiscal year following the official opening of a new airport with scheduled passenger air transportation an amount equal to $1,300,000 to the sponsor of such airport.
“(D) NONPRIMARY COMMERCIAL SERVICE AIRPORT APPORTIONMENT.—
“(E) SPECIAL RULE FOR AIR RESERVE STATIONS.—Notwithstanding section 47102, the Secretary shall consider a public-use airport that is co-located with an air reserve station to be a primary airport for purposes of this chapter.
“(F) SPECIAL RULE FOR FISCAL YEARS 2024 AND 2025.—Notwithstanding any other provision of this paragraph or the absence of scheduled passenger service at an airport, the Secretary shall apportion in fiscal years 2024 and 2025 to the sponsor of an airport an amount based on the number of passenger boardings at the airport during whichever of the following years that would result in the highest apportioned amount under this paragraph:
(b) General aviation airports.—Section 47114(d) of title 49, United States Code, is amended—
(1) in paragraph (3)—
(B) by striking “excluding primary airports but including reliever and nonprimary commercial service airports” each place it appears and inserting “excluding commercial service airports but including reliever airports”;
(C) in the matter preceding subparagraph (A) by striking “20 percent” and inserting “25 percent”; and
(D) by striking subparagraphs (C) and (D) and inserting the following:
“(C) An airport that has previously been listed as unclassified under the national plan of integrated airport systems that has reestablished the classified status of such airport as of the date of apportionment shall be eligible to accrue apportionment funds pursuant to subparagraph (A) so long as such airport retains such classified status.”;
(2) in paragraph (4)—
(A) in the heading by striking “Airports in Alaska, Puerto Rico, and Hawaii” and inserting “Airports in noncontiguous States and territories”;
(C) by adding at the end the following:
“(B) OTHER TERRITORIES.—An amount apportioned under paragraph (2)(B)(i) may be made available by the Secretary for any public-use airport in Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands if the Secretary determines that there are insufficient qualified grant applications for projects at airports that are otherwise eligible for funding under that paragraph. The Secretary shall prioritize the use of such amounts in the territory the amount was originally apportioned in.”;
(a) In general.—Section 47114(f) of title 49, United States Code, is amended—
(1) in paragraph (1)—
(2) by striking paragraphs (2) and (3) and inserting the following:
(b) Applicability.—For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) and prior to the date of enactment of this Act, the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a) shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.
Section 47115(j) of title 49, United States Code, is amended—
(1) in paragraph (3) by striking subparagraph (B) and inserting the following:
Section 47116 of title 49, United States Code, is amended—
(1) in subsection (b) by striking paragraphs (1) and (2) and inserting the following:
(3) by striking subsections (e) and (f) and inserting the following:
“(e) General aviation hangars and transient aprons.—In distributing amounts from the fund described in subsection (a) to sponsors described in subsection (b)(2) and (b)(3)—
Section 47117 of title 49, United States Code, is amended—
(3) in subsection (d)—
(4) in subsection (e)—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(II) by striking “for compatible land use planning and projects carried out by State and local governments under section 47141,”;
(III) by striking “section 47102(3)(Q)” and inserting “subparagraphs (O) through (Q) of section 47102(3)”;
(IV) by striking “to comply with the Clean Air Act (42 U.S.C. 7401 et seq.)”; and
(B) by striking paragraph (3) and inserting the following:
“(3) SPECIAL RULE.—Beginning in fiscal year 2025, if the amount made available under paragraph (1)(A) was not equal to or greater than $150,000,000 in the preceding fiscal year, the Secretary shall issue grants for projects eligible under paragraph (1)(A) from apportionments made under section 47114 that are not required during the fiscal year to fund a grant for which such apportionments may be used in an amount that is not less than—
Section 47119 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1) by striking “in a nonrevenue-producing public-use area of a commercial service airport” and all that follows through “of the Government” and inserting the following: “at an airport if the sponsor certifies that the airport, on the date the grant application is submitted to the Secretary, has—
(4) in subsection (b) (as so redesignated) by striking paragraphs (1) through (5) and inserting the following:
“(1) any part of amounts apportioned to an airport sponsor under subsection (c) or (d) of section 47114 to pay project costs allowable under subsection (a);
(a) Offsetting administrative expenses burden on States.—Section 47109(a)(2) of title 49, United States Code, is amended by striking “90 percent” and inserting “91 percent”.
(b) Training.—Section 47128 of title 49, United States Code, is amended by adding at the end the following:
“(e) Training for participating States.—
(c) Administration.—Section 47128 of title 49, United States Code, is further amended by adding at the end the following:
“(f) Roles and responsibilities of participating States.—
“(1) AIRPORTS.—Unless a State participating in the block grant program under this section expressly agrees in a memorandum of agreement, the Secretary shall not require the State to manage functions and responsibilities for airport actions or projects that do not relate to such program.
“(2) PROGRAM DOCUMENTATION.—Any grant agreement providing funds to be administered under such program shall be consistent with the most recently executed memorandum of agreement between the State and the Federal Aviation Administration. The Administrator of the Federal Aviation Administration shall provide parity to participating States and shall only require the same type of information and level of detail for any program agreements and documentation that the Administrator would perform with respect to such action if the State did not participate in the program.
“(3) RESPONSIBILITIES.—The Administrator shall retain responsibility for the following, unless expressly agreed to by the State:
“(B) Obstruction evaluation and airport airspace analysis, determinations, and enforcement off airport property.
“(C) Non-rulemaking analysis, determinations, and enforcement for proposed improvements on airport properties not associated with this subchapter, or off airport property.
“(D) Land use determinations under section 163 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47107 note), compatibility planning, and airport layout plan review and approval for projects not funded by amounts available under this subchapter.
(d) Report.—The Comptroller General of the United States shall issue a report on the Office of Airports of the Federal Aviation Administration and the airport improvement program under subchapter I of chapter 471 and chapter 475 of title 49, United States Code, and include in such report a description of—
(1) the responsibilities of States participating in the block grant program under section 47128 of title 49, United States Code; and
(2) the impact of title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) and other Federal administrative funding sources on the ability of such States to disburse and administer airport improvement program funds.
(e) Sense of Congress.—It is the sense of Congress that Congress supports the disbursement of a percentage of administrative funds made available under the heading “Federal Aviation Administration—Airport Infrastructure Grants” in title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) to non-primary airports participating in the State’s block grant program each fiscal year of the Airport Infrastructure Grants program.
Section 47135 of title 49, United States Code, is amended—
(1) by striking subsections (a) and (b) and inserting the following:
“(a) Authority.—
Section 47136(c) of title 49, United States Code is amended—
(a) In general.—Section 47142 of title 49, United States Code, is amended—
(1) in the section heading by striking “Design-build contracting” and inserting “Alternative project delivery”;
(2) in subsection (a)—
(3) by striking subsection (c) and inserting the following:
“(c) Covered project delivery contract defined.—In this section, the term ‘covered project delivery contract’ means—
“(2) a single contract for the delivery of a whole project that—
“(A) includes, at a minimum, the sponsor, builder, and architect-engineer as parties that are subject to the terms of the contract;
(b) Clerical amendment.—The analysis for chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47142 and inserting the following:
“47142. Alternative project delivery. ”.
Section 47143(c) of title 49, United States Code, is amended by striking “2023” and inserting “2028”.
Section 47306 of title 49, United States Code, and the item relating to such section in the analysis for chapter 473 of such title, are repealed.
(a) In general.—Section 50101 of title 49, United States Code, is amended—
(2) by adding at the end the following:
“(d) Limitation on certain rolling stock procurements.—
“(1) IN GENERAL.—Financial assistance made available under the provisions described in subsection (a) shall not be used in awarding a contract or subcontract to an entity on or after the date of enactment of this subsection for the procurement of rolling stock for use in an airport-related project if the manufacturer of the rolling stock—
“(B) is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that—
“(i) is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this subsection;
“(ii) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign country included on the priority watch list defined in subsection (g)(3) of that section; and
“(iii) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
“(2) EXCEPTION.—
“(A) IN GENERAL.—For purposes of paragraph (1), the term ‘otherwise related legally or financially’ does not include—
“(B) CORPORATION BASED IN PEOPLE’S REPUBLIC OF CHINA.—Notwithstanding subparagraph (A)(i), for purposes of paragraph (1), the term ‘otherwise related legally or financially’ includes a minority relationship or investment if the relationship or investment involves a corporation based in the People’s Republic of China.
(b) Conforming amendments.—
(1) RESTRICTING CONTRACT AWARDS BECAUSE OF DISCRIMINATION AGAINST UNITED STATES GOODS OR SERVICES.—Section 50102 of title 49, United States Code, is amended by striking “(except section 47127)”.
Section 40113(f) of title 49, United States Code, is amended—
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall review and update the National Priority System prioritization formulas contained in Federal Aviation Administration Order 5090.5 to account for the amendments to chapter 471 of title 49, United States Code, made by this Act.
(a) Findings.—Congress finds the following:
(1) While significant progress has occurred due to the establishment of the airport disadvantaged business enterprise program and the airport concessions disadvantaged business enterprise program under sections 47113 and 47107(e) of title 49, United States Code, respectively, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in airport-related markets across the Nation.
(2) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits. Such testimony and documentation show that race- and gender-neutral efforts alone are insufficient to address the problem.
(3) The testimony and documentation described in paragraph (2) demonstrate that race and gender discrimination poses a barrier to full and fair participation in airport-related businesses of women business owners and minority business owners in the racial groups detailed in parts 23 and 26 of title 49, Code of Federal Regulations, and has impacted firm development and other aspects of airport-related business in the public and private markets.
(4) The testimony and documentation described in paragraph (2) provide a strong basis that there is a compelling need for the continuation of the airport disadvantaged business enterprise program and the airport concessions disadvantaged business enterprise program to address race and gender discrimination in airport-related business.
(b) Supportive services.—Section 47113 of title 49, United States Code, is amended by adding at the end the following:
“(f) Supportive services.—
“(1) IN GENERAL.—The Secretary of Transportation, in coordination with the Administrator of the Federal Aviation Administration, may, at the request of an airport sponsor, provide assistance under a grant issued under this subchapter to develop, conduct, and administer training programs and assistance programs in connection with any airport improvement project subject to part 26 of title 49, Code of Federal Regulations, for small business concerns referred to in subsection (b) to achieve proficiency to compete, on an equal basis for contracts and subcontracts related to such projects.
Section 162 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47102 note) is amended in the matter preceding paragraph (1) by striking “2023” and inserting “2028”.
Section 163 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47107 note) is amended—
(1) by striking subsection (a) and inserting the following:
“(a) In general.—
“(1) LIMITED REGULATION.—Except as provided in subsection (b), the Secretary of Transportation may not require an airport to seek approval for (including in the submission of an airport layout plan), or directly or indirectly regulate (including through any grant assurance)—
(2) in subsection (b)—
(A) in paragraph (1)—
(3) by striking subsection (c) and inserting the following:
“(c) Rule of construction.—Nothing in this section shall be construed—
With respect to fiscal years 2024 through 2028, passengers who board a motorcoach at an airport that is chartered or provided by an air carrier to transport such passengers to another airport at which the passengers board an aircraft in service in air commerce, that entered the sterile area of the airport at which such passengers initially boarded the motorcoach, shall be deemed to be included under the term “passenger boardings” in section 47102 of title 49, United States Code.
Notwithstanding any other provision of law, the Secretary of Transportation may not deny inclusion in the national plan of integrated airport systems maintained under section 47103 of title 49, United States Code, to an airport or proposed airport if the airport or proposed airport—
(1) is located in the most populous county (as such term is defined in section 2 of title 1, United States Code) of a State that does not have an airport listed in the national plan;
(a) In general.—The Administrator of the Federal Aviation Administration shall ensure that any of such varieties of aviation gasoline as may be necessary to fuel any model of piston-engine aircraft remain available for purchase at each airport listed on the national plan of integrated airport systems (as described in section 47103 of title 49, United States Code) at which aviation gasoline was available for purchase as of October 5, 2018.
(b) Removal of availability.—The Administrator shall consider a prohibition or restriction on the sale of such varieties of aviation gasoline to violate assurance 22 (or any successor assurance related to economic nondiscrimination) of grant assurances associated with the airport improvement program under subchapter I of chapter 471 and chapter 475 of title 49, United States Code.
(c) Aviation gasoline defined.—In this section, the term “aviation gasoline” means a gasoline on which a tax is imposed under section 4081(a)(2)(A)(ii) of the Internal Revenue Code of 1986.
(d) Rule of construction.—Nothing in this section may be construed to—
(1) affect any airport sponsor found to be out of compliance with the grant assurance described in subsection (b) before the date of enactment of this Act;
(a) In general.—Not later than 4 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall revise the Airport Improvement Program Handbook (Order 5100.38D) (in this section referred to as the “Handbook”) to account for legislative changes to the airport improvement program under subchapter I of chapter 471 and chapter 475 of title 49, United States Code, and to make such other changes as the Administrator determines necessary.
(b) Requirements.—In updating the Handbook, the Administrator may not impose any additional requirements or restrictions on the use of Airport Improvement Program funds except as specifically directed by legislation.
(c) Consultation and public comment.—
(1) CONSULTATION.—In developing the revised Handbook under this section, the Administrator shall consult with aviation stakeholders, including airports and air carriers.
(a) Audit.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall complete an audit of the airport financial reporting program of the Federal Aviation Administration and provide recommendations to the Administrator of the Federal Aviation Administration on improvements to such program.
(b) Requirements.—In conducting the audit required under subsection (a), the Comptroller General shall, at a minimum—
(1) review relevant Administration guidance to airports, including the version of Advisory Circular 150/5100–19, titled “Operating and Financial Summary”, that is in effect on the date of enactment of this Act;
(2) evaluate the information requested or required by the Administrator from airports for completeness and usefulness by the Administration and the public;
(3) assess the costs associated with collecting, reporting, and maintaining such information for airports and the Administration;
(5) assess if the Administration has addressed the issues the Administration discovered during the apportionment and disbursement of relief funds to airports under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) using inaccurate and aged airport financial data; and
(c) Report to congress.—Not later than 3 months after the completion of the audit required under subsection (a), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings of such audit and any recommendations provided to the Administrator to improve or alter the airport financial reporting program.
(a) Review.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of non-aeronautical revenue streams currently used by hub airports of varying size, assess the impact of nonaeronautical revenue on airports, and evaluate opportunities for revenue that are unutilized or are underutilized by such airports.
(b) Scope.—In conducting the review required under subsection (a), the Comptroller General shall, at a minimum—
(1) examine the nonaeronautical revenue streams at a variety of public-use airports in the United States;
(3) examine revenue streams used by similar types of infrastructure operators like train stations, bus depots, and shopping malls;
(c) Consultation.—As part of the review required under subsection (a), the Comptroller General shall consult with representatives of airport concessionaires, airport sponsors, airport governance entities, airport financial planning consultants, and any other relevant stakeholders the Comptroller General determines appropriate.
(d) Findings, best practices, and recommendations.—As part of the review required under subsection (a), the Comptroller General shall produce best practices and recommendations that can be adopted by public-use airports to increase non-aeronautical revenue.
(e) Report to Congress.—Not later than 3 months after the completion of the review required under subsection (a), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings, best practices, and recommendations of such review.
(a) Update to regulation.—The Administrator of the Federal Aviation Administration shall update the regulations contained in section 139.319 of title 14, Code of Federal Regulations, to ensure that paragraph (4) of such section provides that at least 1 individual maintains certification at the emergency medical technician basic level, or higher.
(b) Staffing review.—Not later than 2 years after the date of enactment of this Act, the Administrator shall conduct a review of airport environments and related regulations to evaluate sufficient staffing levels necessary for firefighting and rescue services and response at airports certified under part 139 of title 14, Code of Federal Regulations.
(c) Report.—Not later than 1 year after completing the review under subsection (b), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of the review.
(a) Study.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study on the feasibility of installation and adoption of certain power generation property at airports which receive funding from the Federal Government.
(b) Content.—In carrying out the study required under subsection (a), the Comptroller General shall examine—
(1) any safety impacts of the installation and operation of such power generation property, either in aggregate or around certain locations or structures at the airport;
(c) Report.—Not later than 2 years after the initiation of the study under subsection (a), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report and recommendations on the results of the study.
(d) Power generation property defined.—In this section, the term “power generation property” means equipment defined in section 48(a)(3)(A) of the Internal Revenue Code of 1986.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to examine the efficacy of transportation demand management strategies at United States airports.
(b) Considerations.—In conducting the study under subsection (a), the Comptroller General shall examine, at minimum—
(1) whether transportation demand management strategies should be considered by airports when making infrastructure planning and construction decisions;
(a) In general.—Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall, in coordination with the Chief of Engineers and Commanding General of the United States Army Corps of Engineers, initiate an assessment on the resiliency of coastal airports in the United States.
(b) Contents.—The assessment required under subsection (a) shall—
Section 47134(b) of title 49, United States Code, is amended by adding at the end the following:
“(4) BENEFIT-COST ANALYSIS.—Prior to approving an application submitted under subsection (a), the Secretary may require a benefit-cost analysis. If a benefit-cost analysis is required, the Secretary shall issue a preliminary and conditional finding, which shall—
“(A) be issued not later than 60 days after the date on which the sponsor submits all information required by the Secretary;
“(B) be based upon a collaborative review process that includes the sponsor or sponsor’s representative;
(a) Study.—Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study of fees that airports assess against customers of transportation network companies.
(b) Contents.—In carrying out the study required under subsection (a), the Comptroller General shall address—
(c) Report.—Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.
(d) Transportation network company defined; TNC defined.—In this section, the term “transportation network company” or “TNC”—
(1) means a corporation, partnership, sole proprietorship, or other entity that uses a digital network to connect riders to drivers affiliated with the entity in order for the driver to transport the rider using a vehicle owned, leased, or otherwise authorized for use by the driver to a point chosen by the rider; and
(a) Request for reclassification.—
(1) IN GENERAL.—Not later than September 30, 2024, a privately owned reliever airport (as such term is defined in section 47102 of title 49, United States Code) that is identified as unclassified in the National Plan of Integrated Airport Systems, 2021–2025 (as published under section 47103 of title 49, United States Code) may submit to the Secretary of Transportation a request to reclassify the airport according to the criteria used to classify a publicly owned airport.
(2) REQUIRED INFORMATION.—In submitting a request under paragraph (1), a privately owned reliever airport shall include the following information:
(A) A sworn statement and accompanying documentation that demonstrates how the airport would satisfy the requirements of Federal Aviation Administration Order 5090.5, titled “Formulation of the NPIAS and ACIP” (or any successor guidance), to be classified as “Local” or “Basic” if the airport was publicly owned.
(b) Eligibility review.—
(1) IN GENERAL.—Not later than 60 days after receiving a request from a privately owned reliever airport under subsection (a), the Secretary shall perform an eligibility review with respect to the airport, including an assessment of the airport’s safety, security, capacity, access, compliance with Federal grant assurances, and protection of natural resources and the quality of the environment, as prescribed by the Secretary.
(c) Reclassification by the secretary.—
(1) IN GENERAL.—Not later than 60 days after receiving a request from a privately owned reliever airport under subsection (a)(1), the Secretary shall grant such request if the following criteria are met:
(2) CORRECTIVE ACTION PLAN.—With respect to a privately owned reliever airport that does not, to the satisfaction of the Secretary, pass the eligibility review performed under subsection (b), such airport may resubmit to the Secretary a reclassification request along with a corrective action plan that—
Not later than 18 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall produce an engineering brief that describes the acceptable use of permanent solar powered taxiway edge lighting systems at regional, local, and basic nonprimary airports (as categorized in the most recent National Plan of Integrated Airport Systems).
In approving grants for projects with funds made available pursuant to title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) under the heading “Federal Aviation Administration—Airport Infrastructure Grants”, the Administrator of the Federal Aviation Administration shall consider permitting a nonhub or small hub airport to use such funds to extend secondary runways, notwithstanding the level of operational activity as such airport.
(a) In general.—Section 47140 of title 49, United States Code, is amended to read as follows:
Ҥ 47140. Meeting current and future electrical power demand
“(a) In general.—The Secretary of Transportation shall establish a program under which the Secretary shall—
(b) Clerical amendment.—The analysis for chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47140 and inserting the following:
“47140. Meeting current and future electrical power demand. ”.
(a) In general.—The Secretary of Transportation may establish a pilot program under which the sponsors of public-use airports may use funds made available under chapter 471 or section 48103 of title 49, United States Code, for use at up to 10 airports to carry out—
Nothing in this Act shall be construed to—
(1) prevent airports from engaging in curb management practices, including determining and assigning curb designations, regulations, and to install and maintain upon any of the roadways or parts of roadways as many curb zones as necessary to aid in the regulation, control, and inspection of passenger loading and unloading; or
Section 40117(d) of title 49, United States Code, is amended by striking paragraph (2) and inserting the following:
Section 47101(h) of title 49, United States Code, is amended by striking “shall” and inserting “may”.
Section 47139 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1)—
Section 47171 of title 49, United States Code, is amended—
(1) in subsection (a) by striking “Secretary of Transportation” and inserting “Administrator of the Federal Aviation Administration”;
(4) by striking subsection (b) and inserting the following:
“(b) Aviation projects subject to a streamlined environmental review process.—
“(1) IN GENERAL.—Any airport capacity enhancement project, terminal development project, or general aviation airport construction or improvement project shall be subject to the coordinated and expedited environmental review process requirements set forth in this section.
“(2) PROJECT DESIGNATION CRITERIA.—
“(A) IN GENERAL.—The Administrator may designate an aviation safety project for priority environmental review. A designated project shall be subject to the coordinated and expedited environmental review process requirements set forth in this section.
“(B) PROJECT DESIGNATION CRITERIA.—The Administrator shall establish guidelines for the designation of an aviation safety project or aviation security project for priority environmental review. Such guidelines shall provide for consideration of—
“(ii) the potential for undertaking the environmental review under existing emergency procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(5) in subsection (c) by striking “an airport capacity enhancement project at a congested airport or a project designated under subsection (b)(3)” and inserting “a project described or designated under subsection (b)”;
(6) in subsection (d) by striking “each airport capacity enhancement project at a congested airport or a project designated under subsection (b)(3)” and inserting “a project described or designated under subsection (b)”;
(7) in subsection (h) by striking “designated under subsection (b)(3)” and all that follows through “congested airports” and inserting “described in subsection (b)(1)”;
(8) in subsection (j)—
(B) by adding at the end the following:
“(2) DEADLINE.—The Administrator shall define the purpose and need of a project not later than 45 days after receipt of a draft purpose and need statement (or revision thereof that materially affects a statement previously prepared or accepted by the Administrator) from an airport sponsor. The Administrator shall provide airport sponsors with appropriate guidance to implement any applicable requirements.”;
(9) in subsection (k)—
(A) by striking “an airport capacity enhancement project at a congested airport or a project designated under subsection (b)(3)” and inserting “a project described or designated under subsection (b)”;
(10) in subsection (l) by striking the period at the end and inserting “and section 1503 of title 40, Code of Federal Regulations.”; and
(11) by striking subsection (m) and inserting the following:
“(m) Coordination and schedule.—
“(1) COORDINATION PLAN.—
“(A) IN GENERAL.—Not later than 90 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the Administrator of the Federal Aviation Administration shall establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project described or designated under subsection (b). The coordination plan may be incorporated into a memorandum of understanding.
“(B) SCHEDULE.—
“(i) IN GENERAL.—The Administration shall establish as part of such coordination plan, after consultation with and the concurrence of each participating agency for the project and with the State in which the project is located (and, if the State is not the project sponsor, with the project sponsor), a schedule for—
“(ii) FACTORS FOR CONSIDERATION.—In establishing the schedule under clause (i), the Administration shall consider factors such as—
“(iii) MAXIMUM PROJECT SCHEDULE.—To the maximum extent practicable and consistent with applicable Federal law, the Administrator shall develop, in concurrence with the project sponsor, a maximum schedule for the project described or designated under subsection (b) that is not more than 2 years for the completion of the environmental review process for such projects, as measured from, as applicable the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision.
“(iv) DISPUTE RESOLUTION.—
“(I) IN GENERAL.—Any issue or dispute that arises between the Administrator and participating agencies (or amongst participating agencies) during the environmental review process will be addressed expeditiously to avoid delay.
“(II) RESPONSIBILITIES.—The Administrator and participating agencies shall—
“(III) ELEVATION FOR MISSED MILESTONE.—If a dispute between the Administrator and participating agencies (or amongst participating agencies) causes a milestone to be missed or extended, or the Administrator anticipates that a permitting timetable milestone will be missed or will need to be extended, then the dispute shall be elevated to an official designated by the relevant agency for resolution. Such elevation should take place as soon as practicable after the Administrator becomes aware of the dispute or potential missed milestone.
“(C) CONSISTENCY WITH OTHER TIME PERIODS.—A schedule under subparagraph (B) shall be consistent with any other relevant time periods established under Federal law.
“(D) MODIFICATION.—
“(i) IN GENERAL.—Except as provided in clause (ii), the Administrator may lengthen or shorten a schedule established under subparagraph (B) for good cause. A decision by a project sponsor to change, modify, expand, or reduce the scope of a project may be considered as good cause for lengthening or shortening of such schedule as appropriate and based on the nature and extent of the proposed project adjustment.
“(E) FAILURE TO MEET DEADLINE.—If a cooperating Federal agency fails to meet a deadline established under subparagraph (D)(ii)(I)—
“(i) the cooperating Federal agency shall, not later than 10 days after meeting the deadline, submit to the Administrator a report that describes the reasons why the deadline was not met; and
“(F) DISSEMINATION.—A copy of a schedule under subparagraph (B), and of any modifications to the schedule, shall be—
“(2) COMMENT DEADLINES.—The Administrator shall establish the following deadlines for comment during the environmental review process for a project:
“(A) For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of such statement, unless—
“(B) For all other comment periods established by the lead agency for agency or public comments in the environmental review process, a period of no more than 30 days from availability of the materials on which comment is requested, unless—
“(3) DEADLINES FOR DECISIONS UNDER OTHER LAWS.—In any case in which a decision under any Federal law relating to a project described or designated under subsection (b) (including the issuance or denial of a permit or license) is required to be made by the later of the date that is 180 days after the date on which the Administrator made all final decisions of the lead agency with respect to the project, or 180 days after the date on which an application was submitted for the permit or license, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and publish on the website of the Administration—
“(n) Concurrent reviews and single NEPA document.—
“(1) CONCURRENT REVIEWS.—Each participating agency and cooperating agency under the expedited and coordinated environmental review process established under this section shall—
“(A) carry out the obligations of that agency under other applicable law concurrently, and in conjunction, with the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the ability of the Federal agency to conduct needed analysis or otherwise carry out such obligations; and
“(2) SINGLE NEPA DOCUMENT.—
“(A) IN GENERAL.—Except as inconsistent with subsection (a), to the maximum extent practicable and consistent with Federal law, all Federal permits and reviews for a project shall rely on a single environment document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under the leadership of the Administrator of the Federal Aviation Administration.
“(B) USE OF DOCUMENT.—
“(C) TREATMENT AS PARTICIPATING AND COOPERATING AGENCIES.—A Federal agency required to make an approval or take an action for a project, as described in this paragraph, shall work with the Administration for the project to ensure that the agency making the approval or taking the action is treated as being both a participating and cooperating agency for the project.
“(o) Environmental impact statement.—
“(1) IN GENERAL.—In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project described or designated under subsection (b), if the Administrator modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the Administrator may write on errata sheets attached to the statement instead of rewriting the draft statement, subject to the condition that the errata sheets—
“(2) SINGLE DOCUMENT.—To the maximum extent practicable, for a project subject to a coordinated review process under this section, the Administrator shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless—
“(p) Integration of planning and environmental review.—
“(1) IN GENERAL.—Subject to paragraph (5) and to the maximum extent practicable and appropriate, the following agencies may adopt or incorporate by reference, and use a planning product in proceedings relating to, any class of action in the environmental review process of a project described or designated under subsection (b):
“(A) The lead agency for a project, with respect to an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(B) A cooperating agency with responsibility under Federal law with respect to the process for and completion of any environmental permit, approval, review, or study required for a project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if consistent with that law.
“(2) IDENTIFICATION.—If the relevant agency makes a determination to adopt or incorporate by reference and use a planning product under paragraph (1), such agency shall identify the agencies that participated in the development of the planning products.
“(4) TIMING.—The adoption or incorporation by reference of a planning product under paragraph (1) may—
“(5) CONDITIONS.—The relevant agency in the environmental review process may adopt or incorporate by reference a planning product under this section if the relevant agency determines, with the concurrence of the lead agency and, if the planning product is necessary for a cooperating agency to issue a permit, review, or approval for the project, with the concurrence of the cooperating agency, that the following conditions have been met:
“(A) The planning product was developed through a planning process conducted pursuant to applicable Federal law.
“(B) The planning product was developed in consultation with appropriate Federal and State resource agencies and Indian Tribes.
“(C) The planning process included broad multidisciplinary consideration of systems-level or corridor-wide transportation needs and potential effects, including effects on the human and natural environment.
“(D) The planning process included public notice that the planning products produced in the planning process may be adopted during any subsequent environmental review process in accordance with this section.
“(E) During the environmental review process, the relevant agency has—
“(i) made the planning documents available for public review and comment by members of the general public and Federal, State, local, and Tribal governments that may have an interest in the proposed project;
“(F) There is no significant new information or new circumstance that has a reasonable likelihood of affecting the continued validity or appropriateness of the planning product or portions thereof.
“(G) The planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies.
“(H) The planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process.
“(I) The planning product is appropriate for adoption or incorporation by reference and use in the environmental review process for the project and is incorporated in accordance with, and is sufficient to meet the requirements of, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 1502.21 of title 40, Code of Federal Regulations.
“(6) EFFECT OF ADOPTION OR INCORPORATION BY REFERENCE.—Any planning product or portions thereof adopted or incorporated by reference by the relevant agency in accordance with this subsection may be—
“(q) Report on NEPA data.—
“(1) IN GENERAL.—The Administrator of the Federal Aviation Administration shall carry out a process to track, and annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on projects described in subsection (b)(1) that contains the information described in paragraph (3).
“(2) TIME TO COMPLETE.—For purposes of paragraph (3), the NEPA process—
“(3) INFORMATION DESCRIBED.—The information referred to in paragraph (1) is, with respect to the Federal Aviation Administration—
“(A) the number of proposed actions for which a categorical exclusion was applied by the Administration during the reporting period;
“(B) the number of proposed actions for which a documented categorical exclusion was applied by the Administration during the reporting period;
“(C) the number of proposed actions pending on the date on which the report is submitted for which the issuance of a documented categorical exclusion by the Administration is pending;
“(D) the number of proposed actions for which an environmental assessment was issued by the Administration during the reporting period;
“(E) the length of time the Administration took to complete each environmental assessment described in subparagraph (D);
“(F) the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted by the Administration;
“(G) the number of proposed actions for which a final environmental impact statement was completed by the Administration during the reporting period;
“(H) the length of time that the Administration took to complete each environmental impact statement described in subparagraph (G);
“(4) DEFINITIONS.—In this section:
“(A) ENVIRONMENTAL ASSESSMENT.—The term ‘environmental assessment’ has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
“(B) ENVIRONMENTAL IMPACT STATEMENT.—The term ‘environmental impact statement’ means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
“(C) NEPA PROCESS.—The term ‘NEPA process’ means the entirety of the development and documentation of the analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the assessment and analysis of any impacts, alternatives, and mitigation of a proposed action, and any interagency participation and public involvement required to be carried out before the Administrator undertakes a proposed action.
“(D) PROPOSED ACTION.—The term ‘proposed action’ means an action (within the meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the Administrator proposes to carry out.
Section 47175 of title 49, United States Code, is amended—
Section 190(i) of the FAA Reauthorization Act of 2018 (49 U.S.C. 47104 note) is amended by striking “5 years” and all that follows through the period at the end and inserting “on October 1, 2028.”.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall review and revise part 150 of title 14, Code of Federal Regulations, to reflect all relevant laws and regulations, including part 161 of title 14, Code of Federal Regulations.
(b) Outreach.—As part of the review conducted under subsection (a), the Administrator shall clarify existing and future noise policies and standards and seek feedback from airports, airport users, and individuals living in the vicinity of airports before implementing any changes to any noise policies or standards.
(c) Briefing.—Not later than 90 days after the date of enactment of this Act, and every 6 months thereafter, the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding the review conducted under subsection (a).
In implementing or revising a flight procedure, the Administrator of the Federal Aviation Administration shall seek to take the following actions (to the extent that such actions do not negatively affect aviation safety or efficiency) to reduce undesirable aircraft noise:
(a) Categorical exclusion for projects of limited Federal assistance.—An action by the Administrator of the Federal Aviation Administration to approve, permit, finance, or otherwise authorize any airport project that is undertaken by the sponsor, owner, or operator of a public-use airport shall be presumed to be covered by a categorical exclusion under Federal Aviation Administration Order 1050.1F, or any successor document, if such project—
(b) Categorical exclusion in emergencies.—An action by the Administrator to approve, permit, finance, or otherwise authorize an airport project that is undertaken by the sponsor, owner, or operator of a public-use airport shall be presumed to be covered by a categorical exclusion under Federal Aviation Administration Order 1050.1F, or any successor document, if such project is—
(1) for the repair or reconstruction of any airport facility, runway, taxiway, or similar structure that is in operation or under construction when damaged by an emergency declared by the Governor of the State and concurred in by the Administrator, or for a disaster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(c) Extraordinary circumstances.—The presumption that an action is covered by a categorical exclusion under subsections (a) and (b) shall not apply if the Administrator determines that extraordinary circumstances exist with respect to such action.
(d) Rule of construction.—Nothing in this section shall be construed to impact any aviation safety authority of the Administrator.
(a) Federal agency requirements.—The Administrator of the Federal Aviation Administration, to the maximum extent practicable, shall collaborate with the heads of appropriate Federal agencies to ensure that designations of critical habitat, as such term is defined in section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532), on or near airport property do not—
(1) result in conflicting statutory, regulatory, or Federal grant assurance requirements for airports or aircraft operators;
(b) State requirements.—In a State in which a State agency is authorized to designate land on or near airport property for the conservation of a threatened or endangered species in the State, the Administrator, to the maximum extent practicable, shall collaborate with the State in the same manner as the Administrator collaborates with the heads of Federal agencies under subsection (a).
Not later than 24 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall take such actions as are necessary to update the Administration’s list of actions that are presumed to conform to a State implementation plan pursuant to section 93.153(f) of title 40, Code of Federal Regulations, to include projects relating to the construction of aircraft hangars.
(a) Study.—The Comptroller General of the United States shall conduct a study on reducing rotorcraft noise in the District of Columbia.
(b) Contents.—The study conducted under subsection (a) shall consider—
(1) the extent to which military operators consider operating over unpopulated areas outside of the District of Columbia for training missions;
(2) the extent to which vehicles or aircraft other than conventional rotorcraft (such as unmanned aircraft) could be used for emergency and law enforcement response; and
(c) Report.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on preliminary observations with a report to follow at a date agreed upon at the time of the briefing containing—
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall enter into an agreement with the National Academies under which the National Research Council shall carry out a study examining airborne ultrafine particles and the effect of such particles on human health.
(b) Scope of study.—The study conducted under subsection (a) shall—
(3) examine airborne UFPs and their potential effect on human health, including—
(D) the contribution of aircraft and airport operations to the distribution of UFP concentrations compared to other sources;
(c) Coordination.— The Administrator may coordinate with the heads of such other agencies that the Administrator considers appropriate to provide data and other assistance necessary for the study.
(d) Report.—Not later than 180 days after the National Research Council submits of the results of the study to the Administrator, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of the study carried out under subsection (a), including any recommendations based on such study.
(a) Establishment of task force.—
(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish an airport community of interest task force (in this section referred to as the “Task Force”) to evaluate and improve existing processes and mechanisms for engaging communities impacted by airport development and aviation operations.
(2) ACTIVITIES.—The Task Force shall—
(A) review research on aircraft noise impacts to identify potential actions the Administrator could take;
(B) review processes and practices of the Administration for engaging communities prior to or after air traffic pattern changes that impact such communities, including with how such processes and practices compare to best practices from organizations with expertise in grassroots community organizing and collaboration;
(C) assess Federal efforts to mitigate noise impacts on communities, including costs and benefits of such efforts;
(D) assess the various actions that State and local government officials and community planners could take when considering changes to airport infrastructure, including planned airport projects or surrounding airport community developments;
(E) identify potential improvements to Federal, State, and local airport development policy and planning processes to better balance which communities experience negative externalities as a result of airport operations;
(F) consider guidance to airports and airport communities to improve engagement with the Administration, as recommended by the document titled “Aircraft Noise: FAA Could Improve Outreach Through Enhanced Noise Metrics, Communication, and Support to Communities”, issued in September 2021 (GAO–21–103933);
(G) consider mechanisms and opportunities for the Administration to facilitate better exchange of helicopter noise information with operators in communities adversely impacted by helicopter noise, as recommended by the Comptroller General in the document titled “Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Helicopter Noise Concerns” (GAO–21–200); and
(5) NONAPPLICABILITY OF FACA.—Chapter 10 of title 5, United States Code, shall not apply to the Task Force established under this section.
(6) CONSULTATION.—The Task Force shall, as appropriate, consult with relevant experts and stakeholders not listed in paragraph (3)(C) in conducting the activities described in paragraph (2).
(7) REPORTS.—
(A) RECOMMENDATIONS.—Not later than 1 year after the date of the establishment of the Task Force and every year thereafter through fiscal year 2028, the Task Force shall provide to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Administrator recommendations to improve the processes and mechanisms for engaging communities impacted by airport development and aviation operations.
(B) BRIEFING.—Not later than 60 days after the submission of the annual recommendations under subparagraph (A), the Administrator shall brief the committees described in such subparagraph on any plans of the Administration to implement the recommendations of the Task Force, including explanations for each of the recommendations the Administrator does not intend to adopt.
(b) Engagement events.—
(1) ANNUAL EVENT.—The Administrator shall seek to convene at least 1 annual event in each geographic region of the Administration to engage with aviation communities on issues of regional import.
(2) PURPOSE.—The purpose of the engagement events described under paragraph (1) shall be to foster open and transparent communication between the Federal Government and aviation-impacted communities prior to, during, and after decision making at the Federal level.
(3) TOPICS OF CONSIDERATION.—The topics of consideration of such engagement events shall be approved by the Regional Administrator or the Regional Community Engagement Officer of the applicable region, in consultation with regional interest groups. Topic areas shall be driven by local and regional feedback and may focus on—
(C) new development projects in close proximity to airports and realistic noise expectations for such projects;
(4) PARTICIPATION.—
(A) COORDINATION.—All events described in paragraph (3) shall be convened by or in coordination with the regional offices of the Administration.
(B) ATTENDANCE BY REPRESENTATIVES.—The Administrator shall ensure representatives from relevant program offices of the Administration are in attendance at such events.
(a) Establishment.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a Community Collaboration Program (in this section referred to as the “Program”) within the Office for Policy, International Affairs, and Environment of the Administration.
(c) Responsibilities.—
(1) IN GENERAL.—The Program shall facilitate and harmonize, as appropriate, policies and procedures carried out by the entities listed in subsection (b) pertaining to community engagement relating to—
(2) SPECIFIED RESPONSIBILITIES.—The responsibilities of the Program lead shall include—
(A) the establishment of, and membership selection for, the Airport Community of Interest Task Force, established under section 483;
(B) joint execution with Federal Aviation Administration Regional Administrators of regional community engagement events, as described in section 483;
(C) updating the internal guidance of the Administration for community engagement based on recommendations from such Task Force and best practices of other Federal agencies and external organizations with expertise in community engagement;
(D) coordinating with the Air Traffic Organization on community engagement efforts related to air traffic procedure changes to ensure that impacted communities are consulted in a meaningful way;
(F) oversight, streamlining, and increasing the responsiveness of the noise complaint process of the Administration by—
(G) timely implementation of the recommendations, as appropriate, made by the Comptroller General of the United States to the Secretary of Transportation contained in the report titled “Aircraft Noise: FAA Could Improve Outreach Through Enhanced Noise Metrics, Communication, and Support to Communities”, issued in September 2021 (GAO–21–103933) to improve the outreach of the FAA to local communities impacted by aircraft noise, including—
(i) any recommendations to—
(I) identify appropriate supplemental metrics for assessing noise impacts and circumstances for their use to aid in the internal assessment of the Administration of noise impacts related to proposed flight path changes;
(d) Report.—Not later than 2 years after the Administrator implements the recommendations described in subsection (c)(2)(H), the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing—
(a) Study.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall enter into an agreement with the National Academies to conduct a study on aviation noise metrics.
(b) Contents.—The study required under subsection (a) shall include an assessment of—
(1) the efficacy of the day-night average sound level (in this section referred to as “DNL”) noise metric compared to other alternative models;
(2) the disadvantages of the DNL noise metric in effect as of the date of enactment of this Act compared to other alternative models;
(c) Report to congress.—Not later than 2 years after the date of enactment of this Act, the National Academies shall submit to the Administrator, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report—
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall establish a mechanism to make helicopter noise complaint data accessible to the Federal Aviation Administration, to helicopter operators operating in the Washington, D.C. area, and to the public on a website of the Administration, based on the recommendation of the Government Accountability Office in the report published on January 7, 2021, titled “Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Helicopter Noise Concerns”.
(b) Cooperation.—Any helicopter operator operating in the Washington, D.C. area shall provide helicopter noise complaint data to the Federal Aviation Administration through the mechanism established under subsection (a).
(a) Policy.—
(1) IN GENERAL.—Section 47101(a) of title 49, United States Code, is amended—
(3) CONTINUOUS EVALUATION.—In carrying out section 47101(a) of title 49, United States Code, as amended by this subsection, the Administrator of the Federal Aviation Administration shall establish a process to continuously track and evaluate ground traffic and air traffic activity and related incidents at airports.
(b) Runway safety council.—
(1) IN GENERAL.—Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a council, to be known as the “Runway Safety Council” (in this section referred to as the “Council”), to develop a systematic proactive management strategy to address surface safety risks.
(2) DUTIES.—The duties of the Council shall include, at a minimum, advancing the development of risk-based, data driven, integrated systems solutions and strategies to enhance surface safety risk mitigation.
(c) Airport surface surveillance.—
(1) IDENTIFICATION.—Not later than 180 days after the date of enactment of this Act, the Administrator shall, in coordination with the Council, consult with relevant stakeholders to identify technologies, equipment, and systems that—
(2) CRITERIA.—Not later than 1 year after the date of enactment of this Act, the Administrator shall—
(A) based on the information obtained pursuant to paragraph (1), identify airport surface surveillance systems that meet the standards of the Administration and may be able to—
(B) establish clear and quantifiable criteria relating to operational factors, including ground traffic and air traffic activity and the rate of runway and terminal airspace safety events (including runway incursions), that determine when the installation and deployment of an airport surface surveillance system, or other runway safety system (including runway status lights), at an airport is required.
(3) DEPLOYMENT.—Not later than 5 years after the date of enactment of this Act, the Administrator shall ensure that airport surface surveillance systems are deployed and operational at—
(4) REPORT.—Not later than 4 years after the date of enactment of this Act, the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the progress of the deployment described in paragraph (3).
(d) Foreign object debris detection.—
(1) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Administrator shall assess, in coordination with the Council, automated foreign object debris monitoring and detection systems at not less than 3 airports that are using such systems.
(2) CONSIDERATIONS.—In conducting the assessment under paragraph (1), the Administrator shall consider the following:
(B) The potential frequency of foreign object debris incidents on airport runways or adjacent ramp areas.
(e) Runway safety study.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with a federally funded research and development center to conduct a study of runway incursions, surface incidents, operational errors, or losses of standard separation of aircraft in the approach or departure phase of flight to determine how advanced technologies and future airport development projects may be able to reduce the frequency of such events and enhance aviation safety.
(2) CONSIDERATIONS.—In conducting the study under paragraph (1), the federally funded research and development center shall—
(A) examine data relating to recurring runway incursions, surface incidents, operational errors, or losses of standard separation of aircraft in the approach or departure phase of flight at airports to identify the underlying factors that caused such events;
(C) assess available and developmental technologies, including and beyond such technologies considered in subsection (c), that may augment existing air traffic management capabilities of surface surveillance and terminal airspace equipment;
(3) RECOMMENDATIONS.—In conducting the study required by paragraph (1), the federally funded research and development center shall develop recommendations for the strategic planning efforts of the Administration to appropriately maintain surface safety considering future increases in air traffic and based on the considerations described in paragraph (2).
(4) REPORT TO CONGRESS.—Not later than 90 days after the completion of the study required by paragraph (1), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of such study and any recommendations developed under paragraph (3).
(a) In general.—Section 40104(d) of title 49, United States Code, (as redesignated by section 325) is amended—
(2) in paragraph (1) by striking “The Administrator” and inserting “In carrying out subsection (a), the Administrator”;
(4) by inserting after paragraph (1) the following:
“(2) INTERNATIONAL PRESENCE.—The Administrator shall maintain an international presence to—
“(A) assist foreign civil aviation authorities in—
“(C) establish, maintain, and update bilateral or multilateral aviation safety agreements and the aviation safety information contained within such agreements;
“(D) engage in bilateral and multilateral discussions and provide technical assistance as described in paragraph (5);
“(E) validate foreign aerospace products and ensure reciprocal validation of products for which the United States is the state of design or production;
“(F) support accident and incident investigations, particularly such investigations that involve United States persons and certified products and such investigations where the National Transportation Safety Board is supporting an investigation pursuant to annex 13 of the International Civil Aviation Organization;
(b) Review of international field offices.—Section 40104(d) of title 49, United States Code, (as redesignated by section 325) is further amended by inserting after paragraph (2) the following:
“(3) INTERNATIONAL OFFICES.—In carrying out the responsibilities described in subsection (a), the Administrator shall—
“(C) establish offices to address gaps identified by the review under subparagraph (B) and in furtherance of the mission described in paragraph (2), putting an emphasis on establishing such offices—
(c) Bilateral aviation safety agreements.—
(1) ESTABLISHMENT.—Section 40104(d) of title 49, United States Code, (as redesignated by section 325) is further amended by inserting after paragraph (4) the following:
“(5) BILATERAL AVIATION SAFETY AGREEMENTS.—
“(A) IN GENERAL.—The Administrator shall negotiate, enter into, promote, enforce, evaluate the effectiveness of, and seek to update bilateral or multilateral aviation safety agreements, and the parts of such agreements, with international aviation authorities.
“(B) PURPOSE.—The Administrator shall seek to enter into bilateral aviation safety agreements under this section to, at a minimum—
“(ii) increase harmonization of, and reduce duplicative, requirements, processes, and approvals to advance the aerospace interests of the United States;
“(C) SCOPE.—The scope of a bilateral aviation safety agreement entered into under this section shall, as appropriate, cover existing aerospace users and concepts and establish a process by which bilateral aviation safety agreements can be updated to include new and novel concepts on an ongoing basis.
(2) AUDIT OF VALIDATION ACTIVITIES UNDER BILATERAL AVIATION SAFETY AGREEMENTS.—
(A) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the inspector general of the Department of Transportation shall initiate an audit of bilateral compliance with respect to the validation of aircraft and aircraft parts as set forth in bilateral or multilateral aviation safety agreements between the Federal Aviation Administration and the civil aviation authorities of—
(B) REVIEW CONTENTS.—As part of the review required under this subsection, the inspector general shall evaluate the performance of validation programs by assessing—
(ii) trends relating to the repeated use of nonbasic criteria to review systems and methods of compliance that have been validated previously in similar contexts;
(iii) the extent to which implementation tools such as validation workplans and safety emphasis items have addressed validation issues;
(C) REPORT AND RECOMMENDATIONS.—Not later than 14 months after beginning the audit under paragraph (1), the Comptroller General shall provide to the Administrator of the Federal Aviation Administration, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report summarizing the findings of the audit and any recommendations to increase compliance and improve the validation timeframes of aircraft and aircraft parts.
(d) International engagement strategy.—Section 40104(d) of title 49, United States Code, (as redesignated by section 325) is further amended by inserting after paragraph (5) the following:
“(6) STRATEGIC PLAN.—The Administrator shall maintain a strategic plan for the international engagement of the Administration that includes—
“(A) all elements of the report required in section 243(b)(1) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note);
“(C) initiatives to attain greater expertise among employees of the Federal Aviation Administration in issues related to dispute resolution, intellectual property, and expert control laws;
“(D) policy regarding the future direction and strategy of the United States engagement with the International Civil Aviation Organization;
“(E) procedures for acceptance of mandatory airworthiness information, such as airworthiness directives, and other safety-related regulatory documents, including procedures to implement the requirements of section 44701(e)(5);
Section 40104 of title 49, United States Code, is further amended by adding at the end the following:
“(f) Travel.—The Administrator and the Secretary of Transportation shall, in carrying out the responsibilities described in subsection (a), delegate to the appropriate supervisors of offices of the Administration the ability to authorize the domestic and international travel of relevant personnel who are not in the Federal Aviation Administration Executive System, without any additional approvals required, for the purposes of—
“(1) promoting aviation safety, aircraft operations, air traffic, airport, unmanned aircraft systems, commercial space transportation, and other aviation standards and regulations adopted by the United States;
“(2) facilitating the adoption of United States approaches on standards and recommended practices at the International Civil Aviation Organization;
“(3) promoting environmental standards adopted by the United States and standards promulgated under section 44714;
(a) Outdated air ambulance rulemaking requirement.—Section 44730 of title 49, United States Code, is amended—
(1) in subsection (a)(1) by striking “not later than 180 days after the date of enactment of this section,”;
(2) in subsection (c) by striking “address the following” and inserting “consider, or address through other means, the following”;
(3) in subsection (d) by striking “provide for the following” and inserting “consider, or address through other means, the following”; and
(b) Safety management systems briefing.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on how the proposed rule published on January, 11, 2023, titled “Safety Management System” (88 Fed. Reg. 1932) will—
(c) Improvement of publication of helicopter air ambulance operations data.—Section 44731 of title 49, United States Code, is amended—
(a) FAA oversight of repair stations located outside the United States.—
(1) IN GENERAL.—Section 44733 of title 49, United States Code, is amended—
(B) in subsection (a) by striking “Not later than 1 year after the date of enactment of this section, the” and inserting “The”;
(C) in subsection (e)—
(ii) by inserting “and the applicable laws of the country in which the repair station is located” after “international agreements”; and
(iii) by striking the last sentence and inserting “The Administrator may carry out announced or unannounced inspections in addition to the annual unannounced inspection required under this subsection based on identified risks and in a manner consistent with United States obligations under international agreements and the applicable laws of the country in which the part 145 repair station is located.”;
(E) by inserting after subsection (f) the following:
“(g) Data analysis.—
“(1) IN GENERAL.—Each fiscal year in which a part 121 air carrier has had heavy maintenance work performed on an aircraft owned or operated by such carrier, such carrier shall provide to the Administrator, not later than the end of the following fiscal year, a report containing the information described in paragraph (2).
“(2) INFORMATION REQUIRED.—A report under paragraph (1) shall contain the following:
“(A) The location where any heavy maintenance work on aircraft was performed outside the United States.
“(3) ANALYSIS.—The Administrator shall—
“(A) analyze information provided under this subsection and sections 121.703, 121.705, 121.707, and 145.221 of title 14, Code of Federal Regulations, or any successor provisions of such title, to detect safety issues associated with heavy maintenance work on aircraft performed outside the United States; and
“(h) Applications and prohibition.—
“(1) IN GENERAL.—The Administrator may not approve any new application under part 145 of title 14, Code of Federal Regulations, from a person located or headquartered in a country that the Administration, through the International Aviation Safety Assessment program, has classified as Category 2.
“(2) EXCEPTION.—Paragraph (1) shall not apply to an application for the renewal of a certificate issued under part 145 of title 14, Code of Federal Regulations.
“(3) MAINTENANCE IMPLEMENTATION PROCEDURES AGREEMENT.—The Administrator may elect not to enter into a new maintenance implementation procedures agreement with a country classified as Category 2, for as long as the country remains classified as Category 2.
“(3) PROHIBITION ON CONTINUED HEAVY MAINTENANCE WORK.—No part 121 air carrier may enter into a new contract for heavy maintenance work with a person located or headquartered in a country that the Administrator, through the International Aviation Safety Assessment program, has classified as Category 2, for as long as such country remains classified as Category 2.
“(i) Minimum qualifications for mechanics and others working on U.S. registered aircraft.—
“(1) IN GENERAL.—Not later than 2 years after the date of enactment of this subsection, the Administrator shall require that, at each covered repair station—
“(2) AVAILABLE FOR CONSULTATION.—Not later than 2 years after the date of enactment of this subsection, the Administrator shall require any individual who is responsible for approving an article for return to service or who is directly in charge of heavy maintenance work performed on aircraft operated by a part 121 air carrier be available for consultation while work is being performed at a covered repair station.”.
(2) DEFINITIONS.—
(3) CONFORMING AMENDMENTS.—The analysis for chapter 447 of title 49, United States Code, is amended by striking the item relating to section 44733 and inserting the following:
“44733. Oversight of repair stations located outside the United States.”.
(b) International standards for safety oversight of extraterritorial repair stations.—
(1) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall invite other civil aviation authorities to convene with the Administration an extraterritorial repair station working group (hereinafter referred to as the “Working Group”) to conduct a review of the certification and oversight of extraterritorial repair stations and to identify any future enhancements or harmonization that might be appropriate to strengthen oversight of such repair stations and improve global aviation safety.
(2) COMPOSITION OF WORKING GROUP.—The Working Group shall consist of—
(3) CONSULTATION.—In conducting the review under this section, the Working Group shall, as appropriate, consult with relevant experts and stakeholders.
(4) RECOMMENDATIONS.—The Working Group shall make recommendations with respect to any future enhancements that might be appropriate to—
(5) REPORTS.—
(A) REPAIR STATION WORKING GROUP REPORT.—In establishing the Working Group, the Administrator shall task the Working Group with submitting to the participating civil aviation authorities a report containing the findings of the recommendations made under paragraph (4).
(B) FAA REPORT.—
(i) TRANSMISSION OF REPAIR STATION WORKING GROUP REPORT.—The Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a copy of the report required under subparagraph (A) as soon as is practicable after the receipt of such report.
(ii) FAA BRIEFING TO CONGRESS.—Not later than 45 days after receipt of the report under paragraph (1), the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on—
(I) whether the Administrator concurs or does not concur with each recommendation contained in the report required under subparagraph (A);
(6) TERMINATION.—The Working Group shall terminate 90 days after the date of submission of the report under paragraph (5)(A), unless the Administrator or another participant of the Working Group requests for an extension of the Working Group in order to inform the implementation and harmonization of any recommendation applicable to multiple civil aviation authorities.
(7) DEFINITION OF EXTRATERRITORIAL REPAIR STATION.—In this subsection, the term “extraterritorial repair station” means a repair station that performs heavy maintenance work on an aircraft (including on-wing engines) and that is located outside of the territory of the country of the civil aviation authority which certificated the repair station.
(c) Alcohol and drug testing and background checks.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report updating Congress on the progress and challenges involved with carrying out the requirements of subsection (b) of section 2112 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44733).
(2) SUNSET.—The reporting requirement under paragraph (1) shall cease to be effective after a final rule carrying out the requirements of such subsection (b) has been published in the Federal Register.
(3) RULEMAKING ON ASSESSMENT REQUIREMENT.—With respect to any employee not covered under the requirements of section 1554.101 of title 49, Code of Federal Regulations, the Administrator shall initiate a rulemaking or request the head of another Federal agency to initiate a rulemaking that requires a covered repair station to confirm that any such employee has successfully completed an assessment commensurate with a security threat assessment described in subpart C of part 1540 of such title.
Section 44736(b) of title 49, United States Code, is amended—
(1) in paragraph (1) by striking “Not later than 120 days after the date of enactment of this section, the” and insert “The”; and
(a) Unit member annual ethics training.—Section 44736 of title 49, United States Code, is further amended by adding at the end the following:
“(g) Ethics training requirement for ODA holders.—
“(1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall review and ensure each ODA holder approved under section 44741 has in effect a recurrent training program for all ODA unit members that covers—
“(B) the ODA holder’s code of ethics as required to be established under section 102(f) of the Aircraft Certification, Safety, and Accountability Act (49 U.S.C. 44701 note);
“(C) procedures for reporting safety concerns, as described in the respective approved procedures manual for the delegation;
“(2) FAA REVIEW.—
“(3) TRAINING.—As part of the recurrent training required under paragraph (1), not later than 60 business days after being designated as an ODA unit member, and annually thereafter, each ODA unit member shall complete the ethics training required by the ODA holder of the respective ODA unit member in order to exercise the functions delegated under the ODA.
(b) Deadline.—An ODA unit member authorized to perform delegated functions under an ODA prior to the date of completion of an ethics training required under section 44736(g) of title 49, United States Code, shall complete such training not later than 30 days after the training program is approved by the Administrator of the Federal Aviation Administration pursuant to such section.
Section 44735 of title 49, United States Code, is amended—
(a) Appeals of certification decisions.—Section 44704(g)(1)(C)(ii) of title 49, United States Code, is amended by striking “2025” and inserting “2028”.
(b) Oversight of organization designation authorization unit members.—Section 44741(f)(2) of title 49, United States Code, is amended by striking “Not later than 90 days” and all that follows through “the Administrator shall provide a briefing” and inserting “The Administrator shall provide an annual briefing each fiscal year through fiscal year 2028”.
(c) Integrated project teams.—Section 108(f) of the Aircraft Certification, Safety, and Accountability Act (49 U.S.C. 44704 note) is amended by striking “2023” and inserting “2028”.
(d) Voluntary safety reporting program.—Section 113(f) of the Aircraft Certification, Safety, and Accountability Act (49 U.S.C. 44701 note) is amended by striking “2023” and inserting “2028”.
(e) Changed product rule.—Section 117(b)(1) of the Aircraft Certification, Safety, and Accountability Act (49 U.S.C. 44704 note) is amended by striking “2023” and inserting “2028”.
(a) In general.—Chapter 447 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 44745. Don Young Alaska Aviation Safety Initiative.
“(a) In general.—The Administrator of the Federal Aviation Administration shall redesignate the FAA Alaska Aviation Safety Initiative of the Administration as the Don Young Alaska Aviation Safety Initiative (in this section referred to as the ‘Initiative’), under which the Administrator shall carry out the provisions of this section and take such other actions as the Administrator determines appropriate to improve aviation safety in covered locations.
“(b) Objective.—The objective of the Initiative shall be to work cooperatively with aviation stakeholders and other stakeholders towards the goal of—
“(c) Leadership.—
“(1) IN GENERAL.—The Administrator shall designate the Regional Administrator for the Alaskan Region of the Administration to serve as the Director of the Initiative.
“(d) Automated weather systems.—
“(1) REQUIREMENT.—The Administrator shall ensure, to the greatest extent practicable, that a covered automated weather system is installed and operated at each covered airport not later than December 31, 2030.
“(2) WAIVER.—In complying with the requirement under paragraph (1), the Administrator may waive any positive benefit-cost ratio requirement for the installation and operation of a covered automated weather system.
“(3) PRIORITIZATION.—In developing the installation timeline of a covered automated weather system at a covered airport pursuant to this subsection, the Administrator shall—
“(4) RELIABILITY.—
“(A) IN GENERAL.—Pertaining to both Federal and non-Federal systems, the Administrator shall be responsible for ensuring—
“(B) SPECIFICATIONS.—The Administrator shall establish data availability and equipment reliability specifications for covered automated weather systems.
“(C) SYSTEM RELIABILITY AND RESTORATION PLAN.—Not later than 2 years after the date of enactment of this section, the Administrator shall establish an automated weather system reliability and restoration plan. Such plan shall document the Administrator’s strategy for ensuring covered automated weather system reliability, including the availability of weather information from such system, and for restoring service in as little time as possible.
“(D) TELECOMMUNICATIONS OR OTHER FAILURES.—If a covered automated weather system is unable to broadly disseminate weather information due to a telecommunications failure or a failure other than an equipment failure, the Administrator shall take such actions as may be necessary to restore the full functionality and connectivity of the covered automated weather system. The Administrator shall take actions under this subparagraph with the same urgency as the Administrator would take an action to repair a covered automated weather system equipment failure or data fidelity issue.
“(E) RELIABILITY DATA.—In tabulating data relating to the operational status of covered automated weather systems (including individually or collectively), the Administrator may not consider a covered automated weather system that is functioning nominally but is unable to broadly disseminate weather information telecommunications failure or a failure other than an equipment failure as functioning reliably.
“(5) INVENTORY.—The Administrator shall consider storing excess inventory necessary for air traffic control equipment, including commonly required replacement parts, in covered locations to reduce the amount of time necessary to acquire such equipment or such parts necessary to replace or repair air traffic control system components.
“(e) Weather cameras.—
“(1) IN GENERAL.—The Director shall continuously assess the state of the weather camera systems in covered locations to ensure the operational sufficiency and reliability of such systems.
“(2) APPLICATIONS.—The Director shall—
“(B) consult with the governments with jurisdiction over covered locations, covered airports, air carriers operating in covered locations, private pilots based in covered locations, and such other members of the aviation community in covered locations as the Administrator determines appropriate to solicit additional locations at which to install and operate weather cameras.
“(3) PRESUMPTION.—Unless the Director has clear and compelling evidence to the contrary, the Director shall presume that the installation of a weather camera at a covered airport, or that is recommended by a government with jurisdiction over a covered location, is cost beneficial and will improve aviation safety.
“(f) Cooperation with other agencies.—In carrying out this section, the Administrator shall cooperate with the heads of other Federal or State agencies with responsibilities affecting aviation safety in covered locations, including the collection and dissemination of weather data.
“(g) Surveillance and communication.—
“(1) IN GENERAL.—The Director shall take such actions as may be necessary to—
“(2) REQUIREMENT.—Not later than December 31, 2030, the Administrator shall ensure that automatic dependent surveillance and broadcast coverage is available at 5,000 feet above ground level throughout each covered location.
“(h) Other projects.—The Director shall continue to build upon other initiatives recommended in the reports of the FAA Alaska Aviation Safety Initiative of the Administration published before the date of enactment of this section.
“(i) Annual report.—
“(1) IN GENERAL.—The Director shall submit an annual report on the status and progress of the Initiative to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
“(j) Funding.—
“(1) IN GENERAL.—Notwithstanding any other provision of law, in fiscal years 2024 through 2028—
“(k) Definitions.—In this section:
“(1) COVERED AIRPORT.—The term ‘covered airport’ means an airport in a covered location that is included in the national plan of integrated airport systems required under section 47103 and that has a status other than unclassified in such plan.
(b) Remote positions.—Section 40122(g) of title 49, United States Code, is amended by adding at the end the following:
“(7) REMOTE POSITIONS.—
“(A) IN GENERAL.—If the Administrator determines that a covered position has not been filled after multiple vacancy announcements and that there are unique circumstances affecting the ability of the Administrator to fill such position, the Administrator may consider, in consultation with the appropriate labor union, applicants for the covered position who apply under a vacancy announcement recruiting from the State or territory in which the position is based.
(c) Runway length.—Notwithstanding any other provision of law, the Secretary of Transportation may not require an airport to shorten a runway or prevent airport improvement grants made by the Secretary to be used for reconstructing and rehabilitating a primary runway on the basis that the airport does not have a sufficient number of aircraft operations requiring a certain runway length if—
(d) Alaskan Regional Administrator.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that—
(A) the Regional Administrator for the Alaskan Region is a uniquely important position that contributes to aviation safety in the State of Alaska;
(B) vacancies in any Federal Aviation Administration office have a deleterious effect on the efficacy of the Alaskan Region office;
(2) VACANCY NOTIFICATION REQUIREMENTS.—
(A) INITIAL VACANCY.—The Administrator of the Federal Aviation Administration shall notify the appropriate committees of Congress when there is a vacancy for the position of Regional Administrator for the Alaskan Region.
(B) STATUS UPDATES.—Not later than 90 days after the notification under subparagraph (A) (and every 30 days thereafter until the vacancy described under subparagraph (A) is filled), the Administrator shall notify the appropriate committees of Congress of any vacancy of such position, if so, provide an estimated timeline for filling such vacancy.
(e) Implementation of NTSB recommendations.—
(1) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Administrator shall take such actions as may be necessary to implement National Transportation Safety Board recommendations A–22–25 and A–22–26 (as contained in Aviation Investigation Report AIR–22–09, adopted November 16, 2022).
(2) COORDINATION.—In taking actions under paragraph (1), the Administrator shall coordinate with the State of Alaska, airports in Alaska, air carriers operating in Alaska, private pilots (including tour operators) based in Alaska, and such other members of the Alaska aviation community or other stakeholders as the Administrator determines appropriate.
(f) Clerical amendment.—The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following:
“44745. Don Young Alaska Aviation Safety Initiative.”.
Section 122 of the Aircraft Certification, Safety, and Accountability Act (Public Law 116–260; 134 Stat. 2344) is amended—
(1) in subsection (b) by striking paragraph (2) and inserting the following:
“(2) conduct an annual agency-wide evaluation of the Compliance Program through fiscal year 2028 to assess the functioning and effectiveness of such program and to determine—
In conducting any rulemaking to require, or implementing a regulation requiring, a safety management system, the Administrator of the Federal Aviation Administration shall consider the scalability of such safety management system requirements to the full range of entities in terms of size or complexity that may be affected by such rulemaking or regulation, including—
(1) how an entity can demonstrate compliance using various documentation, tools, and methods, including, as appropriate, systems with multiple small operators collectively monitoring for and addressing risks;
(2) a review of traditional safety management techniques and the suitability of such techniques for small entities;
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a final rule relating to the Notice of Proposed Rulemaking of the Federal Aviation Administration titled “Safety Management Systems”, issued on January 11, 2023.
(b) Applicability.—In issuing a final rule under subsection (a), the Administrator shall ensure that the safety management system requirement under the Notice of Proposed Rulemaking described in subsection (a) is applied to all certificate holders operating under the rules for commuter and on-demand operations under part 135 of title 14, Code of Federal Regulations, commercial air tour operators operating under section 91.147 of such title, production certificate holders that are holders or licensees of a type certificate for the same product, and holders of a type certificate who license out such certificate for production under part 21 of such title.
(a) In general.—Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall implement improvements to the Aviation Safety Information Analysis and Sharing Program with respect to safety data sharing and risk mitigation.
(b) Requirements.—In carrying out subsection (a), the Administrator shall—
(1) identify methods to increase the rate at which data is collected, processed, and analyzed to expeditiously share safety intelligence;
(5) establish guidance to encourage regular safety inspector review of non-confidential aviation safety and performance data;
(c) Rule of construction.—Nothing in this section shall be construed—
(d) Briefing.—Not later than 180 days after the date of enactment of this Act, and every 6 months thereafter until the improvements under subsection (a) are made, the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the progress of implementation of the Aviation Safety Information Analysis and Sharing Program and steps taken to make improvements under subsection (a).
(a) In general.—The Administrator of the Federal Aviation Administration shall continually look for opportunities and methods to improve the processing of applications, consideration of applications, communication with applicants, and quality of feedback provided to applicants, for aircraft certification projects.
(b) Certification improvements.—Not later than 270 days after the date of enactment of this Act, the Administrator shall enter into an appropriate arrangement with a qualified third-party organization or consortium to identify and assess digital tools and software systems to allow for efficient and virtual evaluation of an applicant design, associated documentation, and software or systems engineering product, including in digital 3 dimensional formats or using model-based systems engineering design techniques for aircraft certification projects.
(c) Parties to review.—In identifying digital tools and software systems as described in subsection (b), the Administrator shall ensure that the qualified third-party organization or consortium entering into an arrangement under this section shall, throughout the review, consult with—
(d) Digital tool and software system requirements.—In identifying digital tools and software systems under subsection (b), the qualified third-party organization or consortium shall—
(2) consider the scalability and usability of such systems for differing use-cases by aircraft manufacturers, aircraft operators, and the Administration, including cross-office use-cases within the Administration;
(3) consider such systems currently in use by United States manufacturers or other civil aviation authorities for certification and engineering purposes;
(5) consider the ability of digital tools and software systems to aid in the electronic review of software components of aircraft and aircraft systems;
(6) consider the ability of the Administration and aircraft designers to use digital tools and software systems for corrective actions and modifications in a more rapid fashion;
(7) determine if each system provides adequate protections for the exchange of information between governmental and nongovernmental entities, including—
(e) Assessment.—After reviewing digital and software systems under subsection (b), the qualified third-party organization or consortium shall provide an assessment to the Administrator as to—
(1) whether or not digital and software systems and tools would improve the coordination of the Administration with industry;
(f) Content of assessment.—In the event the qualified third-party organization or consortium finds that digital and software systems and tools would assist the work of the Administration and improve certification projects processing, the assessment described under subsection (e) shall also include—
(g) Implementation.—Based on the assessment required in subsections (e) and (f), if the qualified third-party organization finds that the use of digital software systems and tools would assist the work of the agency, the Administrator shall—
(1) provide the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with a briefing on the intended actions of the Administrator;
(2) not later than 60 days after receiving such assessment develop a plan to—
(A) work towards the acquisition of the systems and tools recommended, subject to the availability of appropriations;
(B) update any applicable orders and guidance to allow for the use of these new systems and tools by personnel of the Administration and nongovernmental entities applying to or coordinating with the Administration on certification related activities, at the discretion of the applicant or nongovernmental entity;
(h) Briefing.—Not later than 30 months after receiving such assessment, the Administrator shall provide the committees described in paragraph (1) with a briefing on the use, benefits, and any drawbacks of the systems and tools, including comparisons between certification programs using and not using digital and software systems and tools.
(a) In general.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall convene an aviation rulemaking committee to review, and develop findings and recommendations regarding, instructions for continued airworthiness (as described in section 21.50 of title 14, Code of Federal Regulations), and provide to the Administrator a report on such findings and recommendations and for other related purposes as determined by the Administrator.
(b) Composition.—The aviation rulemaking committee established pursuant to subsection (a) shall consist of members appointed by the Administrator, including representatives of—
(1) holders of type certificates (as described in subpart B of part 21, title 14, Code of Federal Regulations);
(2) holders of production certificates (as described in subpart G of part 21, title 14, Code of Federal Regulations);
(3) holders of parts manufacturer approvals (as described in subpart K of part 21, title 14, Code of Federal Regulations);
(4) holders of technical standard order authorizations (as described in subpart O of part 21, title 14, Code of Federal Regulations);
(6) holders of repair station certificates (as described in section 145 of title 14, Code of Federal Regulations);
(c) Considerations.—The aviation rulemaking committee established pursuant to subsection (a) shall consider—
(1) existing standards, regulations, certifications, assessments, and guidance related to instructions for continued airworthiness and the clarity of such standards, regulations, certifications, assessments, and guidance to all parties;
(4) the protection of proprietary information and intellectual property in instructions for continued airworthiness;
(5) the availability of instructions for continued airworthiness, as needed, for maintenance activities;
(6) the need to harmonize or deconflict proposed and existing regulations with other Federal regulations, guidance, and policies;
(d) Duties.—The Administrator shall—
(1) not later than 1 year after the date of enactment of this Act, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of the aviation rulemaking committee report under subsection (a); and
(2) not later than 180 days after the date of submission of the report under paragraph (1), initiate a rulemaking activity or make such policy and guidance updates necessary to address any consensus recommendations reached by the aviation rulemaking committee established pursuant to subsection (a), as determined appropriate by the Administrator.
(a) In general.—The Administrator of the Federal Aviation Administration shall issue or update guidance, policy documents, orders, job aids, or regulations to clarify the conditions under which a major alteration will require a supplemental type certificate under part 21 of title 14, Code of Federal Regulations.
(b) Contents.—Issuances or updates under subsection (a) shall include providing clarity around—
(c) Considerations.—In satisfying subsection (a), the Administrator shall make such updates as necessary to provide consideration for the level of effort required by an applicant to make a major alteration and the associated level of risk to the national airspace system for a single aircraft or multiple aircraft using such alteration.
(a) In general.—Not later than 30 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall complete an assessment of the use of advanced tools during the testing, analysis, and verification stages of aerospace certification projects to reduce the risks associated with high-risk flight profiles and performing limit testing.
(b) Considerations.—In carrying out the assessment under subsection (a), the Administrator shall consider—
(c) Consultation.—In carrying out the assessment under subsection (a), the Administrator shall consult with—
(1) aircraft manufacturers, including manufacturers that have designed and certified aircraft under—
(d) Congressional report.—Not later than 60 days after the completion of the assessment under subsection (a), the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on—
(2) how the Administrator plans to implement the findings of the assessment and any changes needed to Administration policy, guidance, and regulations to allow for and optimize the use of advanced tools during the certification of aerospace products in order to reduce risk and improve safety outcomes.
Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall publish a notice of proposed rulemaking for the rulemaking activity titled “Transport Airplane and Propulsion Certification Modernization”, published in Fall 2022 in the Unified Agenda of Federal Regulatory and Deregulatory Actions (RIN 2120–AL42).
(a) In general.—Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish an internal regulatory review team to review and compare domestic and international airworthiness standards and guidance for aircraft engine firewalls.
(b) Review.—In completing the review under subsection (a), the regulatory review team shall—
(1) identify any significant differences in standards or guidance with respect to test article selection, fire test boundaries, and pass-fail criteria;
(2) consider if alternative international standards used by peer civil aviation authorities reflect best practices that should be adopted by the Administration;
(3) recommend updates, if appropriate, to the Significant Standards List of the Administration based on any findings;
(4) assess whether a selection of aircraft engine firewalls certified by other civil aviation authorities, which were validated by the Administration, comply with the requirements of the Administration;
(c) Briefing.—Not later than 120 days after the completion of the review under subsection (a), the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the findings and recommendations stemming from such review.
(a) In general.—Not later than 18 months after the date of enactment of this Act and periodically thereafter, the Administrator of the Federal Aviation Administration shall—
(a) In general.—Not later than 6 months after the issuance of a final rule on the proposed rule of the Federal Aviation Administration titled “Installation and Operation of Flightdeck Installed Physical Secondary Barriers on Transport Category Airlines in Part 121 Service”, and issued on August 1, 2022 (87 Fed. Reg. 46892), the Administrator of the Federal Aviation Administration shall convene an aviation rulemaking committee to review and develop findings and recommendations to require installation of a secondary cockpit barrier on aircraft operated under the provisions of part 121 of title 14, Code of Federal Regulations, that are not captured under another regulation or proposed regulation.
(b) Membership.—The Administrator shall appoint the members of the rulemaking committee convened under subsection (a), which shall be comprised of at least 1 representative each of—
(c) Considerations.—The aviation rulemaking committee convened under subsection (a) shall consider—
(1) minimum dimension requirements for secondary barriers on all aircraft types operated under part 121 of title 14, Code of Federal Regulations;
(2) secondary barrier performance standards manufacturers and air carriers must meet for such aircraft types;
(d) Report to Congress.—Not later than 18 months after the convening of the aviation rulemaking committee described in subsection (a), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report based on the findings and recommendations of the aviation rulemaking committee convened under subsection (a), to include—
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall enter into an appropriate arrangement with a qualified third-party organization or consortium to evaluate the Administration’s collection, collation, analysis, and use of aerospace data across the Administration.
(b) Consultation.—In completing the evaluation under subsection (a), the qualified third-party organization or consortium shall—
(1) seek the input of experts in data analytics, including at least 1 expert in the commercial data services or analytics solutions sector;
(c) Substance of evaluation.—In completing the evaluation under subsection (a), the qualified third-party organization or consortium shall—
(1) compile a list of internal and external sources, databases, and streams of information the Administration receives or has access to that provide the Administration with operational or safety information and data about the national airspace system, its users, and other regulated entities of the Administration;
(3) identify gaps in information that the Administration could fill through sharing agreements, partnerships, or other means that would add value during safety trend analysis;
(4) assess the Administration’s capabilities, including analysis systems and workforce skillsets, to analyze relevant data and information to make informed decisions;
(d) Access to information.—The Administration shall provide the qualified third-party organization or consortium and the experts described in subsection (b) with adequate access to safety and operational data collected by and held by the agency across all offices of the Administration, except if specific access is otherwise prohibited by law.
(e) Nondisclosure.—Prior to participating in the review, the Administrator shall ensure that each person participating in the evaluation under this section enters into an agreement with the Administrator in which the person shall be prohibited from disclosing at any time, except as required by law, to any person, foreign or domestic, any non-public information made accessible to the federally funded research and development center under this section.
(f) Report.—The qualified third-party organization or consortium carrying out the evaluation under this section shall provide a report of the findings of the center to the Administrator and include recommendations to improve the Administration’s collection, collation, analysis, and use of aerospace data, including recommendations to—
(1) improve data access across offices within the Administration, as necessary, to support efficient execution of safety analysis and programs across such offices;
(g) Implementation of recommendations.—Not later than 6 months after the receipt of the report under subsection (f), the Administrator shall review, develop an implementation plan, and begin the implementation of the recommendations received in such report.
(h) Review of implementation.—The qualified third-party organization or consortium that conducted the initial evaluation, and any experts who contributed to such evaluation pursuant to subsection (b)(1), shall provide regular feedback and advice to the Administrator on the implementation plan developed under subsection (g) and any implementation activities for at least 2 years beginning on the date of the receipt of the report under subsection (f).
(i) Report to Congress.—The Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report described in subsection (f) and the implementation plan described in subsection (g).
(j) Existing reporting systems.—Consistent with section 132 of the Aircraft Certification, Safety, and Accountability Act (Public Law 116–260), the Executive Director of the Transportation Research Board, in consultation with the Secretary of Transportation and the Administrator, may further harmonize data and sources following the implementation of recommendations contained in the report required under subsection (g).
(a) Part 91 tail–end ferry rulemaking.—Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall require that any operation conducted by a flightcrew member during an assigned duty period under the operational control of an operator holding a certificate under part 135 of title 14, Code of Federal Regulations, before, during, or after the duty period (including any operations under part 91 of title 14, Code of Federal Regulations), without an intervening rest period, shall count towards the flight time and duty period limitations of such flightcrew member under part 135 of title 14, Code of Federal Regulations.
(b) Record keeping.—Not later than 1 year after the date of enactment of this Act, the Administrator shall update any Administration policy and guidance regarding complete and accurate record keeping practices for operators holding a certificate under part 135 of title 14, Code of Federal Regulations, in order to properly document, at a minimum—
(c) Safety management system oversight.—The Administrator, in performing oversight of the safety management system of an operator holding a certificate under part 135 of title 14, Code of Federal Regulations, following the implementation of the final rule issued based on the rulemaking titled “Safety Management Systems”, and published on January 11, 2023 (88 Fed. Reg 1932), shall ensure such operator is evaluating and appropriately mitigating aviation safety risks, including, at minimum, risks associated with—
(a) In general.—Chapter 447 of title 49, United States Code, is further amended by adding at the end the following:
Ҥ 44746. Cockpit recording device
“(a) In general.—Not later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to—
“(1) require that, not later than 4 years after the date of enactment of this section, all applicable aircraft are fitted with a cockpit voice recorder and a flight data recorder that are each capable of recording the most recent 25 hours of data;
“(2) prohibit any person from deliberately erasing or tampering with any recording on such a cockpit voice recorder or flight data recorder following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, and provide for civil and criminal penalties for such deliberate erasing or tampering, which may be assessed in accordance with section 1155 and section 32 of title 18;
“(3) require that such a cockpit voice recorder has the capability for an operator to use an erasure feature, such as an installed bulk erase function, consistent with applicable law and regulations;
“(4) require that, in the case of such a cockpit voice recorder or flight data recorder that uses a solid state recording medium in which activation of a bulk erase function assigns a random discrete code to the deleted recording, only the manufacturer of the recorder and National Transportation Safety Board have access to the software necessary to determine the code in order to extract the deleted recorded data; and
“(5) ensure that data on such a cockpit voice recorder or a flight data recorder, through technical means other than encryption (such as overwriting or the substitution of a blank recording medium before the recorder is returned to the owner) is not disclosed for use other than for accident or incident investigation purposes.
(b) Clerical amendment.—The analysis for chapter 447 of title 49, United States Code, is further amended by adding at the end the following:
“44746. Cockpit recording device.”.
(a) In general.—The Administrator of the Federal Aviation Administration shall direct the Aviation Rulemaking Advisory Committee (hereinafter referred to as the “Committee” in this section) to review regulations regarding flight data recovery for aircraft—
(b) Considerations.—In carrying out the review pursuant to subsection (a), the Committee shall provide to the Administrator any consensus recommendations for the equipage of aircraft described in subsection (a) with a cockpit voice recorder and a flight data recorder that—
(1) provide a means, in the event of an accident, to recover mandatory flight data parameters in a manner that does not require the underwater retrieval of the cockpit voice recorder or flight data recorder;
(c) Recommendations.—Not later than 18 months after tasking the aviation rulemaking advisory committee under subsection (a), the committee shall submit to the Administrator any consensus recommendations developed under subsection (b).
(d) Rulemaking.—Not later than 1 year after receiving any recommendations pursuant to subsection (c), the Administrator shall initiate a rulemaking activity based on such consensus recommendations, if determined appropriate.
(e) Briefing.—If the Administrator decides not to issue a final rule with respect to the rulemaking initiated under subsection (d), the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the justification for such decision.
(a) In general.—Not later than 12 months after date of enactment of this Act, the Administrator of the Federal Aviation Administration shall review and update, as appropriate, part 121 of title 14, Code of Federal Regulations, regarding emergency medical equipment, including the contents of emergency medical kits, and training required for flight crew.
(b) Consideration.—In carrying out subsection (a), the Administrator shall consider—
(a) In general.—Not later than 180 days after the date of enactment of this Act, the inspector general of the Department of Transportation shall initiate a study examining the effects of reclassifying navigation aids to Design Assurance Level–A from Design Assurance Level–B, including the following navigation aids:
(b) Contents.—In conducting the study required under subsection (a), the inspector general shall address—
(c) Report.—Not later than 24 months after the date of enactment of this Act, the inspector general shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the results of the study conducted under subsection (a).
(a) Study.—
(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall seek to enter into an agreement with a qualified organization to conduct a study examining the viability and feasibility of remote tower technology available on the date of enactment of this Act to accommodate existing air traffic activity at non-towered, public-use airports and airports with a visual flight rule air traffic control tower.
(2) CONSIDERATIONS.—In the study conducted under subsection (a), the qualified organization selected under such subsection shall consider and include in such study—
(A) the effectiveness and adequacy of the pilot program established under section 161 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47104 note) in—
(B) a description of actions that the Administration has undertaken to carry out such pilot program;
(F) the potential to use remote tower systems to control air traffic at multiple airports and from a single physical location, similar to a terminal radar approach control facility;
(I) the potential to use remote tower systems to surveil for unmanned aircraft, in conjunction with unmanned aircraft system traffic management systems, to enhance air traffic management of manned air traffic;
(3) INPUT.—In carrying out the study under subsection (a), the qualified organization selected under such subsection shall—
(A) seek coordination with the Air Traffic Organization and other offices of the Administration; and
(4) REPORT.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the results of the study under subsection (a).
(b) Certification process.—
(1) IN GENERAL.—Not later than 1 year after the completion of the study required under subsection (a), the Administrator shall establish a process for the certification of system design and operational approval of remote towers for use at public-use airports.
(2) CONSULTATION.—In carrying out subsection (b), the Administrator shall consult with the following:
(3) REQUIREMENTS.—In developing the certification process required under subsection (b), the Administrator shall—
(A) establish requirements for the system design and operational approval of remote towers, including—
(4) OPERATIONAL APPROVAL ASSESSMENTS.—In developing the operational approval process required under this subsection, the Administrator shall—
(A) determine the appropriate number of air traffic controllers necessary to staff a remote tower for safe air traffic control operations at the respective airport based on the existing or projected air traffic activity at the airport;
(B) use a safety risk management panel process to address any safety issues with respect to the remote tower;
(5) AIRPORT OPERATORS.—An airport operator seeking to install or construct a certified remote tower shall submit to the Administrator an application in such form and containing such information as the Administrator may require.
(6) IMPLEMENTATION.—In carrying out this section, the Administrator shall—
(A) identify air traffic control information and data that assists the Administrator in categorically certifying remote towers at different types of airports;
(7) PRIORITIZATION OF REMOTE TOWER CERTIFICATION APPLICANTS.—With respect to applications submitted as required by paragraph (4), the Administrator shall prioritize—
(8) BRIEFING.—Not later than 180 days after receiving the report required under subsection (a), and annually thereafter through fiscal year 2028, the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the activities required under this section.
(c) Definitions.—In this section:
(1) AIR TRAFFIC ACTIVITY.—The term “air traffic activity” means the number of takeoffs, landings, and simulated approaches of an airport and the time of which such takeoffs, landings, and simulated approaches occur.
(2) CONTRACT TOWER PROGRAM.—The term “Contract Tower Program” has the meaning given such term in section 47124(e) of title 49, United States Code.
(3) QUALIFIED ORGANIZATION.—The term “qualified organization” means an independent non-profit organization that recommends solutions to public policy challenges through objective analysis.
(4) REMOTE TOWER.—The term “remote tower” has the meaning given such term in section 161(a)(9) of the FAA Reauthorization Act of 2018 (49 U.S.C. 47104 note).
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to examine how to improve the procurement, functionality, and sustainability of weather reporting systems, including—
(b) Contents.—In conducting the study required under section (a), the Comptroller General shall address—
(1) the current state of the supply chain related to weather reporting systems and the components of such systems, including—
(2) the average age of weather reporting systems infrastructure installed in the national airspace system;
(c) Consultation.—In conducting the study required under subsection (a), the Comptroller General shall consult with the appropriate stakeholders and Federal agencies involved in installing, managing, and supporting weather reporting systems in the national airspace system.
(d) Report.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the results of the study conducted under subsection (a).
(a) Study.—The Comptroller General of the United States shall conduct a study on the feasibility and benefits and costs of expanding the Weather Camera Program of the Federal Aviation Administration to locations in the United States that lack weather camera services.
(b) Considerations.—In conducting the study required under subsection (a), the Comptroller General shall review—
(1) the potential effects of the existing Weather Camera Program on weather-related aviation accidents and flight interruptions;
(3) limitations on the real-time access of weather camera information by pilots and aircraft operators;
(c) Report to congress.—Not later than 28 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study required under subsection (a).
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall seek to enter into an agreement with the National Academies to conduct a study on matters related to potential conflicts between uses of radio spectrum by the aviation ecosystem and wireless telecommunication networks.
(b) Contents.—The study described in subsection (a) shall address approaches to mitigating potential safety hazards posed by conflicts between uses of spectrum by the aviation ecosystem and wireless telecommunications network, including best practices and policy recommendations for the Federal Aviation Administration to—
(1) improve the process by which proposed spectrum reallocations or auctions are thoroughly reviewed in advance to ensure that any comments, objections, or technical concerns from stakeholders or Federal agencies in any Federal Communication Commission proceeding are definitively assessed and, if necessary, addressed;
(c) Stakeholder views.—In conducting the study under subsection (a), the National Academy shall consult with relevant stakeholders, including—
(a) Call to action ramp worker safety review.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a Call to Action safety review of airport ramp worker safety in order to bring stakeholders together to share best practices and implement actions to address airport ramp worker safety.
(b) Contents.—The Call to Action safety review required pursuant to subsection (a) shall include—
(1) a review of Administration regulations, guidance, and directives related to airport ramp worker procedures and oversight of such processes;
(2) a review of reportable accidents and incidents involving airport ramp workers, including any identified contributing factors to the reportable accident or incident;
(c) Report and actions.—Not later than 180 days after the conclusion of the Call to Action safety review pursuant to subsection (a), the Administrator shall—
(1) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review and any recommendations for actions or best practices to improve airport ramp worker safety, including the identification of risks and possible mitigations to be considered in any applicable safety management system of air carriers and airports; and
(a) In general.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with the Chairman of the National Transportation Safety Board, shall collect and analyze data relating to accidents and incidents involving covered exempt aircraft that occurred within 30 nautical miles of an airport.
(b) Requirements.—The analysis required under subsection (a) shall include with respect to covered exempt aircraft a review of—
(c) Report to Congress.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of the analysis required under subsection (a) and, if appropriate, recommendations on how to reduce the number of incidents and accidents associated with such covered exempt aircraft.
(a) In general.—The Administrator of the Federal Aviation Administration shall task the Aviation Rulemaking Advisory Committee to—
(1) review the data analysis conducted and the recommendations developed by the Aviation Rulemaking Advisory Committee Rotorcraft Occupant Protection Working Group of the Administration;
(b) Schedule.—
(1) DEADLINE.—Not later than 18 months after the Administrator tasks the Aviation Rulemaking Advisory Committee under subsection (a), the Committee shall submit the recommendations developed under subsection (a)(2) to the Administrator.
(2) IMPLEMENTATION.—If applicable, and not later than 180 days after receiving the recommendations under paragraph (1), the Administrator shall—
(A) begin implementing, as appropriate, any consensus safety recommendations the Administrator receives from the Aviation Rulemaking Advisory Committee, and brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on any recommendations the Administrator does not implement; and
(a) In general.—Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall review and implement, as appropriate, the recommendations made by the Chair of the National Transportation Safety Board to the Administrator contained in the safety research report titled “Preventing Turbulence-Related Injuries in Air Carrier Operations Conducted Under Title 14 Code of Federal Regulations Part 121”, issued on August 10, 2021 (NTSB/SS–21/01).
(b) Report.—
(1) IN GENERAL.—Not later than 1 year after completing the review under subsection (a), and every 2 years thereafter, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of the recommendations in the safety research report described in subsection (a) until the earlier of—
(2) CONTENTS.—If the Administrator decides not to implement a recommendation in the safety research report described in subsection (a), the Administrator shall provide, as a part of the report required under paragraph (1), a description of why the Administrator did not implement such recommendation.
(a) Study.—Not later than 120 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Research Council of the National Academies shall conduct a study on radiation exposure onboard various aircraft types operated under part 121 of title 14, Code of Federal Regulations.
(b) Scope of study.—In conducting the study under subsection (a), the National Research Council shall assess—
(1) radiation concentrations in such aircraft at takeoff, in-flight at high altitudes, and upon landing;
(c) Report to congress.—Not later than 16 months after the initiation of the study required under subsection (a), the Secretary shall submit to the appropriate committees of Congress the study conducted by the National Research Council pursuant to this section.
(d) Appropriate committees of Congress defined.—In this section, the term “appropriate committees of Congress” means the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(a) Task force.—
(1) IN GENERAL.—Not later than 120 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall convene a task force to develop voluntary standards and best practices relating to suspected violations of sections 46318, 46503, and 46504 of title 49, United States Code, including—
(b) Announcements.—Not later than 90 days after the date of enactment of this Act, the Administrator shall initiate such actions as may be necessary to include in the briefing of passengers before takeoff required under section 121.571 of title 14, Code of Federal Regulations, a statement informing passengers that it is against Federal law to assault or threaten to assault any individual on an aircraft or interfere with the duties of a crewmember.
(a) In general.—Not later than 24 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall review existing standards produced by recognized industry standards organizations on safe air temperatures and humidity levels in enclosed environments, including onboard aircraft, and determine the validity of such standards, including the American Society of Heating, Refrigerating and Air-Conditioning Engineers (in this section referred to as “ASHRAE”) standards titled “Air Quality within Commercial Aircraft” (ASHRAE Guideline 28–2021) and “Thermal Environmental Conditions for Human Occupancy” (ASHRAE Standard 55–2020).
(b) Consultation.—In conducting the review under subsection (a), the Administrator shall consult with—
(c) Academic study.—In the event that the Administrator determines, through the review carried out under subsection (a), that there is not an appropriate standard to determine unsafe temperatures onboard aircraft operated under part 121 of title 14, Code of Federal Regulations, the Administrator shall enter into an appropriate agreement with the National Academies to—
(d) Reports.—
(1) FAA.—Not later than 3 months after completing the review required under subsection (a), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings and determination of the review.
(2) NATIONAL ACADEMIES.—If a report is produced under subsection (c), not later than 1 month after receiving such report the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate such report.
(a) Reporting of smoke or fume events onboard commercial aircraft.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall develop a standardized system for a flight attendants, pilots, and aircraft maintenance technicians of air carriers to voluntarily report fume events onboard passenger-carrying aircraft operating under part 121 of title 14, Code of Federal Regulations.
(2) INFORMATION SUBMISSION.—The system developed under paragraph (1) shall include a method of submission, which shall request at least the following information:
(3) GUIDELINES FOR SUBMISSION.—The Administrator shall issue guidelines on how to submit the information described in paragraph (2).
(4) CONFIRMATION OF SUBMISSION.—Upon submitting the information described in paragraph (2), the submitting party shall receive a duplicate record of the submission and confirmation of receipt.
(5) USE OF INFORMATION.—The Administrator—
(C) at the request of an air carrier, shall provide to such air carrier any information submitted under this section that is relevant to such air carrier, except any information that may be used to identify the party submitting such information;
(D) may not, without validation, assume that information submitted under this section is accurate for the purposes of initiating rulemaking or taking an enforcement action;
(b) Study.—
(1) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall seek to enter into the appropriate arrangements with the National Academies to conduct a study and issue recommendations to be made publicly available pertaining to cabin air quality and any risk of, and potential for, persistent and accidental fume events onboard a passenger-carrying aircraft operating under part 121 of title 14, Code of Federal Regulations.
(2) SCOPE.—In carrying out a study pursuant to paragraph (1), the National Academies shall examine—
(B) the report issued pursuant to section 326 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) and any identified assumptions or gaps described in such report;
(C) any health risks or impacts of fume events on flight crews, including flight attendants and pilots, and passengers onboard aircraft operating under part 121 of title 14, Code of Federal Regulations;
(D) instances of persistent or regularly occurring (as determined by the National Academies) fume events in such aircraft;
(E) instances of accidental, unexpected, or irregularly occurring (as determined by the National Academies) fume events on such aircraft, including whether such accidental events are more frequent during various phases of operations, including ground operations, taxiing, take off, cruise, and landing;
(F) the likely originating material of, and the air contaminants present during, the situations described in subparagraphs (D) and (E);
(3) RECOMMENDATIONS.—The National Academies shall provide recommendations based on the study conducted under paragraph (1)—
(4) REPORT TO CONGRESS.—Not later than 1 month after the completion of the study conducted under paragraph (1), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of such study.
(a) In general.—Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall task the Aviation Rulemaking Advisory Committee with reviewing and proposing updates to the evacuation requirements under section 25.803 of title 14, Code of Federal Regulations, and appendix J to part 25 of such title.
(b) Considerations.—In tasking the Aviation Rulemaking Advisory Committee under subsection (a), the Administrator shall, at a minimum, task the Committee to—
(1) evaluate whether the representative passenger loads, prescribed in regulation on the date of enactment of this Act, represent a realistic composition of passengers on an aircraft operated under part 121 of title 14, Code of Federal Regulations, including accounting for—
(2) determine if there are technologies or techniques that can be used to more accurately represent categories of passengers who are unable to provide consent during evacuation testing, but should be simulated in such testing;
(c) Consultation.—In tasking the Aviation Rulemaking Advisory Committee under subsection (a), the Administrator shall allow such Committee to consult with the National Transportation Safety Board, transport category aircraft manufacturers, air carriers certificated under part 121 of title 14, Code of Federal Regulations, crew members of such air carriers, emergency responders, groups representing passengers and passengers with disabilities, and other relevant experts.
(d) Rulemaking.—Not later than 18 months after receiving such recommendations to update section 25.803 of title 14, Code of Federal Regulations, and appendix J to part 25 of such title, the Administrator shall issue a final rulemaking based on the recommendations provided by the aviation rulemaking advisory committee tasked under this section, as necessary.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall task the Air Carrier Access Act Advisory Committee (in this section referred to as the “Committee”) to conduct a review of regulations regarding lithium–ion battery powered wheelchairs and mobility aids and provide recommendations to the Secretary to ensure safe transport of such wheelchairs and mobility aids in air transportation.
(b) Considerations.—In conducting the review required under subsection (a), the Committee shall consider the following:
(1) Any existing or necessary standards for lithium–ion batteries, including casings or other similar components, in such wheelchairs and mobility aids.
(2) The availability of necessary containment or storage devices, including fire containment covers or fire-resistant storage containers, for such wheelchairs and mobility aids.
(c) Consultation requirement.—In conducting the review required under subsection (a), the Committee shall consult with the Administrator of the Pipeline and Hazardous Materials Safety Administration.
(d) Notification.—
(e) Report to congress.—Not later than 90 days after submission of the recommendations to the Secretary, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate any recommendations under subsection (a), in the form of a report.
(a) Review.—Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall review relevant policies and guidance, including all advisory circulars, information bulletins, and directives, pertaining to part 60 of title 14, Code of Federal Regulations.
(b) Updates.—Upon completion of the review required under subsection (a), the Administrator shall, at a minimum, update the following:
(a) In general.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study into the National Simulator Program of the Federal Aviation Administration that is part of the Air Transportation Division’s Training and Simulation Group.
(b) Considerations.—In conducting the study required under subsection (a), the Comptroller General shall, at a minimum, assesses—
(1) how the program described under subsection (a), is maintained to reflect and account for advancement in technologies pertaining to flight simulation training devices (as defined in part 1 of title 14, Code of Federal Regulations, and appendix F to part 60 of such title);
(c) Report.—Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the study conducted under subsection (a).
(a) In general.—The Comptroller General of the United States shall conduct a study on the incorporation of best available technologies by the Federal Aviation Administration to increase aviation safety and improve the health and safety of aviation workers.
(b) Scope.—In conducting the study under subsection (a), the Comptroller General shall—
(c) Report.—Not later than 4 years after the date of enactment of this Act, the Comptroller General shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the findings of the study.
(a) In general.—Notwithstanding section 61.159(a)(6) of title 14, Code of Federal Regulations (or any successor regulations), a person who is applying for an airline transport certificate with an airplane category and class rating may obtain up to 150 additional hours of the total aeronautical experience requirement in a full flight simulator representing an airplane that provides six-degrees of freedom motion, provided the aeronautical experience—
(b) Rule of construction.—Nothing in this section shall be construed to affect the ability of a person to also obtain 100 hours of aeronautical experience in a flight training device or full flight simulator under section 61.159(a)(6) of title 14, Code of Federal Regulations (or any successor regulations).
(c) Rulemaking.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a final rule to update part 61 of title 14, Code of Federal Regulations, to reflect changes made by this section.
Section 44704 of title 49, United States Code, is amended by adding at the end the following:
“(h) Incremental safety improvement.—
“(1) IN GENERAL.—The Administrator may consider and approve a proposed incremental design change request from a type certificate holder, if such holder is required by the Administrator to make a safety-related design change to bring a product into compliance, even if the proposed incremental design change does not eliminate all noncompliant conditions.
Congress finds the following:
(1) Congress has repeatedly tasked the Federal Aviation Administration with responsibility for securing the national airspace system, including the air traffic control system and other air navigation services, civil aircraft, and aeronautical products and articles through safety regulation and oversight. These mandates have routinely included protecting against associated cyber threats affecting aviation safety or the Administration’s provision of safe, secure, and efficient air navigation services and airspace management.
(2) In 2016, Congress passed the FAA Extension, Safety, and Security Act of 2016, which established requirements for the Federal Aviation Administration to enhance the national airspace system’s cybersecurity and included mandates for the Administration to—
(3) In 2018, Congress passed the FAA Reauthorization Act of 2018 which—
(A) authorized funding for the construction of Federal Aviation Administration facilities dedicated to improving the cybersecurity of the national airspace system;
(B) required the Federal Aviation Administration to review and update its comprehensive, strategic policy framework for cybersecurity to assess the degree to which the framework identifies and addresses known cybersecurity risks associated with the aviation system, and evaluate existing short- and long-term objectives for addressing cybersecurity risks to the national airspace system;
(C) created a Chief Technology Officer position within the Federal Aviation Administration to be responsible for, among other things, coordinating the implementation, operation, maintenance, and cybersecurity of technology programs relating to the air traffic control system with the aviation industry and other Federal agencies; and
(4) Congress has tasked the Federal Aviation Administration with being the primary Federal agency to assess and address the threats posed from cyber incidents relating to Federal Aviation Administration-provided air traffic control and air navigation services and the threats posed from cyber incidents relating to civil aircraft, aeronautical products and articles, aviation networks, aviation systems, services, and operations, and the aerospace industry affecting aviation safety or the provision of safe, secure, and efficient air navigation services and airspace management by the Administration.
(b) Exclusive rulemaking authority.—Section 44701 of title 49, United States Code, is amended by adding at the end the following:
“(h) Exclusive rulemaking authority.—Notwithstanding any other provision of law and except as provided in section 40132, the Administrator, in consultation with the heads of such other agencies as the Administrator determines necessary, shall have exclusive authority to prescribe regulations for purposes of assuring civil aircraft, including unmanned aircraft systems, aircraft engine, propeller, and appliance cybersecurity.”.
(a) In general.—Chapter 401 of title 49, United States Code, is further amended by adding at the end the following:
Ҥ 40132. National airspace system cyber threat management process
“(a) Establishment.—The Administrator of the Federal Aviation Administration, in consultation with other agencies as the Administrator determines necessary, shall establish a national airspace system cyber threat management process to protect the national airspace system cyber environment, including the safety, security, and efficiency of the air navigation services provided by the Administration.
“(b) Issues To be addressed.—In establishing the national airspace system cyber threat management process under subsection (a), the Administrator shall, at a minimum—
“(2) in consultation with appropriate Federal agencies, evaluate the cyber threat landscape for the national airspace system, including updating such evaluation on both annual and threat-based timelines;
“(5) coordinate national airspace system cyber incident responses with other appropriate Federal agencies;
“(c) Definitions.—In this section:
“(1) CYBER COMMON OPERATING PICTURE.—The term ‘cyber common operating picture’ means the correlation of a detected cyber incident or cyber threat in the national airspace system and other operational anomalies to provide a holistic view of potential cause and impact.
“(2) CYBER ENVIRONMENT.—The term ‘cyber environment’ means the information environment consisting of the interdependent networks of information technology infrastructures and resident data, including the internet, telecommunications networks, computer systems, and embedded processors and controllers.
“(3) CYBER INCIDENT.—The term ‘cyber incident’ means an action that creates noticeable degradation, disruption, or destruction to the cyber environment and causes a safety or other negative impact on operations of—
(b) Clerical amendment.—The analysis for chapter 401 of title 49, United States Code, is further amended by adding at the end the following:
“40132. National airspace system cyber threat management process.”.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall convene an aviation rulemaking committee on civil aircraft cybersecurity to conduct a review and develop findings and recommendations on cybersecurity standards for civil aircraft, aircraft ground support information systems, airports, air traffic control mission systems, and aeronautical products and articles.
(b) Duties.—The Administrator shall—
(1) not later than 2 years after the date of enactment of this Act, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report based on the findings of the aviation rulemaking committee convened under subsection (a); and
(2) not later than 180 days after the date of submission of the report under paragraph (1) and, in consultation with other agencies as the Administrator determines necessary, for consensus recommendations reached by such aviation rulemaking committee—
(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a supplemental report with explanations for each consensus recommendation not addressed, if applicable, by a rulemaking under subparagraph (A).
(c) Composition.—The aviation rulemaking committee convened under subsection (a) shall consist of members appointed by the Administrator, including representatives of—
(d) Member eligibility.—Prior to a member’s appointment under subsection (c), the Administrator shall determine if there is cause for such member to be restricted from possessing sensitive security information. Upon a determination of no cause being found regarding the member, and upon the member voluntarily signing a nondisclosure agreement, the member may be granted access to sensitive security information that is relevant to the member’s duties on the aviation rulemaking committee. The member shall protect the sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations.
(e) Prohibition on compensation.—The members of the aviation rulemaking committee convened under subsection (a) shall not receive pay, allowances, or benefits from the Government by reason of their service on such committee.
(f) Considerations.—The Administrator shall direct such committee to consider—
(1) existing cybersecurity standards, regulations, policies, and guidance, including those from other Federal agencies;
(2) threat- and risk-based security approaches used by the aviation industry, including the assessment of the potential costs and benefits of cybersecurity actions;
(7) the need to harmonize or deconflict proposed and existing standards, regulations, policies, and guidance with other Federal standards, regulations, policies, and guidance;
(9) the need for such standards, regulations, policies, and guidance as applied to civil aircraft information, data, networks, systems, services, operations, and technology;
(10) Federal Aviation Administration services, aviation industry services, and aircraft use of positioning, navigation, and timing data in the context of Executive Order 13905, as in effect on the date of enactment of this Act;
(11) updates needed to airworthiness regulations and systems safety assessment methods used to show compliance with airworthiness requirements for design, function, installation, and certification of civil aircraft, aeronautical products and articles, and aircraft networks;
(12) updates needed to air carrier operating and maintenance regulations to ensure continued adherence with processes and procedures established in airworthiness regulations to provide cybersecurity protections for aircraft systems, including for continued airworthiness;
(13) policies and procedures to coordinate with other Federal agencies, including intelligence agencies, and the aviation industry in sharing information and analyses related to cyber threats to civil aircraft information, data, networks, systems, services, operations, and technology and aeronautical products and articles;
(14) the response of the Administrator and aviation industry to, and recovery from, cyber incidents, including by coordinating with other Federal agencies, including intelligence agencies;
(15) processes for members of the aviation industry to voluntarily report to the Federal Aviation Administration cyber incidents that may affect aviation safety in a manner that protects trade secrets and confidential business information;
(16) the unique nature of the aviation industry, including aircraft networks, aircraft systems, and aeronautical products, and the interconnectedness of cybersecurity and aviation safety;
(17) appropriate cybersecurity controls for aircraft networks, aircraft systems, and aeronautical products and articles to protect aviation safety, including airworthiness;
(18) appropriate cybersecurity controls for airports relative to the size and nature of airside operations of such airports to ensure aviation safety;
(19) minimum standards for protecting civil aircraft, aeronautical products and articles, aviation networks, aviation systems, services, and operations from cyber threats and cyber incidents;
(20) international collaboration, where appropriate and consistent with the interests of aviation safety in air commerce and national security, with other civil aviation authorities, international aviation and standards organizations, and any other appropriate entities to protect civil aviation from cyber incidents and cyber threats;
(a) In general.—Section 44803 of title 49, United States Code, is amended to read as follows:
Ҥ 44803. Unmanned aircraft system test ranges
“(a) In general.—The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program to enable a broad variety of testing and evaluation activities at unmanned aircraft system test ranges, as in effect on the day before the date of enactment of the Securing Growth and Robust Leadership in American Aviation Act, to the extent consistent with aviation safety and efficiency, and for purposes of the safe integration of unmanned aircraft systems into the national airspace system.
“(b) Airspace requirements.—In carrying out the program under subsection (a)—
“(1) the Administrator may establish nonregulatory special use airspace areas upon the request of a test range sponsor selected by the Administrator under subsection (a), for purposes of accommodating hazardous testing and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system, or for purposes of other activities authorized by the Administrator under subsection (g);
“(2) each selected test range sponsor for a designated test range shall be considered the using agency for purposes of the respective nonregulatory special use airspace areas established by the Administrator under this section; and
“(3) the Administrator may require that each selected test range sponsor for a designated test range provide a draft environmental review consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), subject to the supervision and adoption of the Administrator, with respect to any request for the establishment of a nonregulatory special use airspace area under this section.
“(c) Program requirement.—In carrying out the program under subsection (a), the Administrator—
“(1) may develop operational standards and air traffic requirements for flight operations at test ranges;
“(2) shall coordinate with, and leverage the resources of, other Federal agencies, as the Administrator considers appropriate;
“(4) shall provide for verification of the safety of flight systems and related navigation procedures as it relates to continued development of standards for integration into the national airspace system;
“(5) shall engage test range sponsors, as necessary and within available resources, in projects for testing and evaluation of flight systems to facilitate the validation of standards by the Administration for the safe integration of unmanned aircraft systems into the national airspace system, which may include solutions for—
“(6) shall coordinate periodically with all test range sponsors to ensure test range sponsors know which data should be collected, how data can be de-identified to flow more readily to the Administration, what procedures should be followed, and what testing and evaluations would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; and
“(d) Exemption.—Except as provided in subsection (g), the requirements of section 44711, including related implementing regulations, shall not apply to persons approved by the test range sponsor for operation at a designated test range under this section.
“(e) Responsibilities of test range sponsor.—The sponsor of each test range under subsection (a) shall—
“(1) provide access to all interested private and public entities seeking to carry out testing and evaluation activities at the test range designated pursuant to this section, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as that term is described in section 3(a) of the Small Business Act (15 U.S.C. 632(a));
“(2) ensure all activities remain within the geographical boundaries and altitude limitations established for the nonregulatory special use airspace area covering the test range;
“(4) establish safe operating procedures for all operators approved for activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator;
“(6) consult with the Administrator on the nature of planned activities at the test range and whether temporary segregation through the use of a nonregulatory special use airspace area is required to contain such activities is consistent with aviation safety;
“(7) protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range;
“(8) maintain detailed records of all ongoing and completed testing and evaluation activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor;
“(10) provide recommendations to the Administrator to further enable public and private testing and evaluation activities at the test ranges that contribute to the safe integration of unmanned aircraft systems by the Administration into the national airspace system, on a quarterly basis until the program terminates.
“(f) Testing.—
“(1) IN GENERAL.—The Administrator may authorize a sponsor of a test range designated under subsection (a) to host testing and evaluation activities other than those directly related to the integration of unmanned aircraft systems into the national airspace system, provided that the activity is necessary to inform the development of standards or policy for integrating new types of flight systems into the national airspace system.
(b) Clerical amendment.—The analysis for chapter 448 of title 49, United States Code, is amended by striking the item relating to section 44804 and insert the following:
“44804. Unmanned aircraft in the Arctic. ”.
(a) In general.—Section 44806 of title 49, United States Code, is amended—
(1) in the section heading by inserting “and public safety use of unmanned aircraft systems” after “systems”;
(2) in subsection (c)—
(B) in paragraph (1)—
(i) in the matter preceding subparagraph (A)—
(ii) by striking subparagraph (A) and inserting the following:
“(A) operated—
“(i) at or below an altitude of 150 feet above ground level within class B, C, D, E, or G airspace, but not at a greater altitude than the ceiling depicted on the UAS facility maps published by the Federal Aviation Administration, where applicable;
(3) by adding at the end, the following:
“(e) Definition.—In this section, the term ‘public safety organization’ means an entity that primarily engages in activities related to the safety and well-being of the general public, including law enforcement, fire departments, emergency medical services, and other organizations that protect and serve the public in matters of safety and security.”.
(b) Clerical amendment.—The analysis for chapter 448 of title 49, United States Code, is amended by striking the item relating to section 44806 and inserting the following:
“44806. Public unmanned aircraft systems and public safety use of unmanned aircraft systems.”.
Section 44807 of title 49, United States Code, is amended—
(1) in subsection (a)—
(3) in subsection (c) to read as follows:
“(c) Requirements for safe operation.—
“(1) IN GENERAL.—For unmanned aircraft systems that the Administrator determines under this section may operate safely in the national airspace system, the Administrator shall establish risk-based requirements, or a process to accept risk-based proposed requirements, for the safe operation of such aircraft systems in the national airspace system, including operation related to testing and evaluation of proprietary systems.
“(2) TREATMENT OF MITIGATION MEASURES.—To the extent that a proposed operation will be conducted exclusively within the airspace of a Mode C Veil during the entirety of the operation, such operation shall be treated as satisfying the requirements of section 91.113(b) of title 14, Code of Federal Regulations, so long as the operation employs—
(a) Specified exception for limited recreational operations of unmanned aircraft.—Section 44809 of title 49, United States Code, is amended—
(1) in subsection (a) by striking paragraph (6) and inserting the following:
“(6) Except for circumstances when the Administrator establishes alternative altitude ceilings or as otherwise authorized in section (c), in Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace and flight restrictions and prohibitions established under this subtitle, such as special use airspace designations and temporary flight restrictions.”;
(2) by striking subsection (c) and inserting the following:
“(c) Operations at fixed sites.—
“(1) IN GENERAL.—The Administrator shall establish a process to approve, and publicly disseminate the location of, fixed sites at which a person may carry out recreational unmanned aircraft system operations.
“(2) OPERATING PROCEDURES.—
“(A) CONTROLLED AIRSPACE.—Persons operating unmanned aircraft under paragraph (1) from a fixed site within Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, or a community-based organization sponsoring operations within such airspace, shall make the location of the fixed site known to the Administrator and shall establish a mutually agreed upon operating procedure with the air traffic control facility.
“(B) ALTITUDE.—The Administrator, in coordination with community-based organizations sponsoring operations at fixed sites, shall develop a process to approve requests for recreational unmanned aircraft systems operations at fixed sites that exceed the maximum altitude contained in a UAS Facility Map.
“(C) CLASS G AIRSPACE.—Subject to compliance with all airspace and flight restrictions and prohibitions established under this subtitle, such as special use airspace designations and temporary flight restrictions, persons operating drones under paragraph (1) from a fixed site at which the operations are sponsored by a community-based organization may operate within Class G airspace—
“(3) UNMANNED AIRCRAFT WEIGHING 55 POUNDS OR GREATER.—A person may operate an unmanned aircraft weighing 55 pounds or greater, including the weight of anything attached to or carried by the aircraft, under paragraph (1) if—
(3) in subsection (d) by striking the subsection heading and all that follows through “(3) Savings clause.—” and inserting “(d) Savings clause.—”;
(6) by striking subsection (g)(1) and inserting the following:
“(1) IN GENERAL.—The Administrator, in consultation with manufacturers of unmanned aircraft systems, community-based organizations, and other industry stakeholders, shall develop, maintain, and update, as necessary, an aeronautical knowledge and safety test. Such test shall be administered electronically by the Administrator or a person designated by the Administrator.”; and
(b) Use of unmanned aircraft systems for educational purposes.—Section 350 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44809 note) is amended—
(2) in subsection (d)—
(A) in paragraph (2) by inserting “an elementary school, or a secondary school,” after “with respect to the operation of an unmanned aircraft system by an institution of higher education,”; and
(B) by inserting after paragraph (2) the following:
“(3) ELEMENTARY SCHOOL.—The term ‘elementary school’ has the meaning given to that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(19)).
“(4) SECONDARY SCHOOL.—The term ‘secondary school’ has the meaning given to that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(45)).”.
Section 44810(h) of title 49, United States Code, is amended by striking “2023” and inserting “2028”.
Section 2209 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190) is further amended—
(2) in subsection (b)(1)(C)—
(3) by adding at the end the following:
“(f) Eligible outdoor gathering defined.—In this section, the term ‘eligible outdoor gathering’ means an event that—
(a) In general.—Not later than 4 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a notice of proposed rulemaking establishing performance-based airworthiness criteria and risk-based operational regulations for unmanned aircraft systems operated beyond visual line of sight that are intended to operate primarily at or below 400 feet above ground level.
(b) Contents.—In carrying out subsection (a), the Administrator shall—
(c) Considerations.—In carrying out subsection (a), the Administrator may leverage previously gathered data, information, and efforts of the Administration to finalize rulemaking as required under this section.
(d) Unmanned aircraft airworthiness standards.—In carrying out subsection (b)(1)(A), the Administrator shall—
(1) define the operational environments for which airworthiness is needed to ensure aviation safety;
(e) Unmanned aircraft associated elements standards.—
(1) IN GENERAL.—In carrying out subsection (b)(1)(B), the Administrator shall establish a process to accept or approve the associated elements of an unmanned aircraft that, when considered collectively with other associated elements and an unmanned aircraft, meet an acceptable performance-based safety standard.
(f) Remote pilot qualifications.—
(1) IN GENERAL.—In carrying out subsection (b)(1)(C), the Administrator shall establish qualifications and standards, or a means to accept proposed qualifications and standards, for remote pilots operating unmanned aircraft systems.
(g) Interim approvals.—Before the date on which the Administrator issues a final rule under this section, the Administrator shall use the process described in section 44807 of title 49, United States Code, to authorize unmanned aircraft system operations conducted beyond visual line of sight.
(h) Final rule.—Not later than 16 months after the date of enactment of this Act, the Administrator shall issue a final rule establishing the regulations required under this section.
(i) Definitions.—In this section:
(1) ASSOCIATED ELEMENTS.—The term “associated elements” means any component of an unmanned aircraft system, not permanently affixed to the unmanned aircraft, required for the remote pilot to operate such aircraft safely and efficiently in the national airspace system.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration may enter into agreements for purposes of—
(1) testing and refining UTM capabilities and services to inform the development of UTM standards in subsection (b);
(b) Standardization.—
(1) IN GENERAL.—In carrying out subsection (a), the Administrator shall publish requirements or guidance associated with UTM, including—
(A) the types of operations requiring, or benefitting from, the use of UTM capabilities and services described in subsection (a), including beyond visual line of sight operations;
(B) areas of operation or categories of airspace requiring, or benefitting from, the use of UTM capabilities and services;
(2) INTERNATIONAL HARMONIZATION.—In carrying out paragraph (1), the Administrator shall seek to harmonize, to the extent practicable and advisable, UTM standards with standards produced by recognized industry standards organizations or other peer civil aviation authorities.
(c) Stakeholder partnerships.—In carrying out subsection (a), the Administrator shall establish a means by which the Administrator can enter into cooperative agreements, contracts, other transaction agreements, and other appropriate mechanisms with appropriate persons, partnerships, and consortia to enable qualified third-parties to design, build, develop, fund, and manage UTM.
(d) Rules of construction.—
(e) Briefing.—Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on progress made by the Administration detailing the implementation and requirements of this section and any applicable timelines to completion.
(a) Sensitive radar data feed pilot program.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with the Secretary of Defense, and other heads of relevant Federal agencies, shall establish a pilot program to make airspace data feeds containing classified or controlled unclassified information available to qualified users, in conjunction with subsection (b).
(b) Authorization.—In carrying out subsection (a), the Administrator and the heads of other relevant Federal agencies and in coordination with the Secretary of Defense, shall establish a process to authorize qualified entities to receive airspace data feeds containing classified information related to air traffic within the national airspace system and use such information in an agreed upon manner to—
(c) Briefing.—Not later than 90 days after establishing the pilot program under subsection (a), and annually thereafter, the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the findings of the Administrator related to the pilot program established under this section.
(a) In general.—The Comptroller General of the United States shall conduct a study of technologies and methods that may be used by operators of unmanned aircraft systems to detect and avoid manned aircraft that may lawfully operate below 500 feet above ground level and that are—
(b) Consultation.—In conducting the study required under subsection (a), the Comptroller General shall consult with—
(c) Report.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the results of such study.
(a) Study.—The Administrator of the Federal Aviation Administration shall review and evaluate the final rule titled “Remote Identification of Unmanned Aircraft”, issued on January 15, 2021, to determine the feasibility and advisability of whether unmanned aircraft manufacturers and operators can meet the intent of such final rule through alternative means of compliance, including through network–based remote identification.
(b) Report.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study under subsection (a).
(a) In general.—The Administrator of the Federal Aviation Administration shall adopt a performance– and risk–based approach in reviewing requests for certificates of waiver under section 107.200 of title 14, Code of Federal Regulations.
(b) Standardization of waiver application.—
(1) IN GENERAL.—In carrying out subsection (a), the Administrator shall improve the process established to submit requests for certificates of waiver described in subsection (a).
(c) Consideration of property ownership interest.—
(1) IN GENERAL.—In determining whether to issue a certificate of waiver under section 107.200 of title 14, Code of Federal Regulations, the Administrator shall—
(2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to direct the Administrator to consider the lack of control over access to all real property on the ground within an area of operation, or a lack of property interest in such area of operation, as negatively affecting the safety of the operation intended to be conducted under such certificate of waiver.
(d) Public availability of waivers.—
(e) Precedential use of previously approved waivers.—
(1) WAIVER APPROVAL PRECEDENT.—Except as provided in paragraph (3), if the Administrator determines, using criteria for a particular waiver, that an application for a certificate of waiver issued under section 107.200 of title 14, Code of Federal Regulations, is substantially similar (or is comprised of elements that are substantially similar) to an application for a certificate of waiver that the Administrator has previously approved, the Administrator may streamline, as appropriate, the approval of applications with substantially similar conditions and limitations as a previously approved application.
(a) In general.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish acceptable levels of risk, and develop a risk assessment methodology associated with such levels of risk, to enable unmanned aircraft system operations conducted—
(b) Acceptable levels of risk.—In carrying out subsection (a), the Administrator shall establish acceptable levels of risk for unmanned aircraft system operations in the national airspace system and a method for assessing the operational risk of a proposed operation in accordance with such acceptable level.
(c) Risk assessment methodology.—In carrying out subsections (a) and (b), the Administrator shall develop a risk assessment methodology to allow remote pilots in command operating unmanned aircraft systems pursuant to subsection (a) to determine the risk associated with a specific operation, and mitigate such a risk, as necessary.
(d) Risk assessment methodology considerations.—In establishing the risk assessment methodology described under this section, the Administrator shall consider—
(3) the class of airspace and such requirements necessary for airspace users to legally operate in each class of airspace;
(a) Guidance updates.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall publish unmanned aircraft system-specific guidance and implementation procedures. Such guidance and implementation procedures shall—
(1) provide guidance to streamline environmental assessments at a programmatic level, as the Administrator considers appropriate, for an unmanned aircraft system operator’s network of operations within a defined geographical region, including within and over approved commercial or industrial sites closed or restricted to the public;
(2) provide guidance for nationwide programmatic approaches for large scale distributed unmanned aircraft system operations whereby a Programmatic Environmental Assessment or Environmental Impact Statement can be leveraged for subsequent related actions to ensure efficient environmental review;
(3) consider additional Categorical Exclusions based on previously prepared and finalized Environmental Assessments or in consultation with the Council on Environmental Quality;
(5) contain intra-agency process improvements to avoid providing conflicting safety and environmental feedback to operators;
(6) contain standards and criteria for engaging specialized third parties to support the Administration’s preparation and review of documentation relating to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to ensure streamlined timelines for complex reviews; and
(7) any other modifications the Administrator considers necessary within the stated environmental objectives of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Federal priority to maintain global leadership in aviation innovation.
(b) Briefing.—No later than 90 days after the date of enactment of this Act, the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the plan of the Administration to implement subsection (b), including each of the considerations specified in the subsection, and an explanation for any consideration the Administrator does not intend to implement.
(c) Concurrent reviews.—If the Administrator determines that the review of an unmanned aircraft system’s design, construction, maintenance and operational sustainability, airworthiness approval, or operational approval requires environmental assessment, including requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Administrator shall, to the maximum extent practicable, conduct such reviews and analyses concurrent with one another.
(d) Rule of construction.—Nothing in this section shall be construed as prohibiting, restricting or otherwise limiting the authority of the Secretary of Transportation or the Administrator from implementing or complying with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any related requirements to ensure the protection of the environment and aviation safety.
(e) Associated UAS certification standards.—
(1) OPTION TO SUSPEND NOISE CERTIFICATION REQUIREMENT PENDING STANDARDS DEVELOPMENT.—Notwithstanding the requirements of section 44715 of title 49, United States Code, the Administrator may waive the determination of compliance with part 36 of title 14, Code of Federal Regulations, for an applicant seeking an unmanned aircraft system type and airworthiness certification, provided the Administrator has developed appropriate noise measurement procedures for such systems and the Administrator has received the noise measurements results based on such procedures from the applicant.
(2) DEVELOPMENT OF CRITERIA.—Not later than 90 days after the date of enactment of this Act, the Administrator shall develop and establish substantive criteria and standards metrics used by the Administrator to determine whether to approve or disapprove the airworthiness of an unmanned aircraft pursuant to part 36 of title 14, Code of Federal Regulations.
(a) Near-term approvals.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall coordinate with the Administrator of the Pipeline and Hazardous Materials Safety Administration to revise processes in effect on the date of enactment of this Act for the carriage of hazardous materials by unmanned aircraft systems to provide that—
(1) special conditions, waivers, or other requirements necessary to enable the carriage of hazardous materials shall be incorporated into the existing regulatory and operator certification processes of the Federal Aviation Administration for unmanned aircraft operations in which the aircraft—
(2) the existing special permitting process or other existing processes carried out by the Administrator of the Pipeline and Hazardous Materials Safety Administration shall be initiated as early as practicable, and in conjunction with the existing regulatory and operator certification processes of the Federal Aviation Administration, for unmanned aircraft operations in which the unmanned aircraft—
(b) Rulemaking.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall revise requirements, guidance, standards, or other policy materials governing the carriage of hazardous materials to allow for the carriage of a de minimis amount of hazardous materials by an unmanned aircraft.
(2) CONSIDERATIONS.—In carrying out paragraph (1), the Administrator shall consider—
(C) whether the transportation of a de minimis volume, weight, or amount of a hazardous material would pose an unreasonable risk to health and safety or property;
(3) IMPLEMENTATION.—
(A) PETITION.—The Secretary shall establish a process for a person to petition to establish or revise a de minimis amount or a hazardous material.
(c) Saving clause.—Nothing in this section shall be construed to—
(1) limit the authority of the Secretary, the Administrator of the Federal Aviation Administration, or the Administrator of the Pipeline and Hazardous Materials Safety Administration from implementing requirements under existing authorities to ensure the safe carriage of hazardous materials by aircraft; and
(2) confer upon the Administrator of the Federal Aviation Administration the authorities of the Administrator of the Pipeline and Hazardous Materials Safety Administration, as described in part 175 of title 49, Code of Federal Regulations, and chapter 51 of title 49, United States Code.
(d) Exemption.—The authorities of the Administrator related to the transportation, packaging, marking, or description of hazardous materials in section 106(g)(1) of title 49, United States Code, shall not apply to the extent necessary to enact the requirements of this section.
(a) Unmanned aircraft systems in wildfire response.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with the United States Forest Service and any other Federal entity or contracted operator the Administrator considers appropriate, shall develop a plan on the use of unmanned aircraft systems by public entities in wildfire response efforts, including wildfire detection, mitigation, and suppression.
(2) PLAN CONTENTS.—The plan under subsection (a) shall provide recommendations to—
(A) identify and designate areas of public land with high potential for wildfires in which public entities may conduct unmanned aircraft system beyond visual line of sight operations as part of wildfire response efforts, including wildfire detection, mitigation, and suppression;
(B) develop a process to facilitate the safe and efficient operation of unmanned aircraft systems beyond the visual line of sight in wildfire response efforts in areas designated under paragraph (A), including the waiver process under section 91.113 or section 107.31 of title 14, Code of Federal Regulations, for public entities that use unmanned aircraft systems for aerial wildfire detection, mitigation, and suppression; and
(3) PLAN SUBMISSION.—Upon completion of the plan under subsection (a), the Administrator of the Federal Aviation Administration shall submit such plan to, and provide a briefing for, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senates.
(b) Applicability.—This section shall only apply to unmanned aircraft systems that are—
(c) Interagency coordination.—Not later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into the necessary agreements to provide a liaison of the Administration to the National Interagency Fire Center to facilitate the use of manned and unmanned aircraft in wildfire response efforts, including wildfire detection, mitigation, and suppression.
(d) Savings clause.—Nothing in this Act shall be construed to confer upon the Administrator of the Federal Aviation Administration the authorities of the Administration of the Federal Emergency Management Agency on wildfire response under section 611 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196).
(e) Definitions.—In this section:
(2) PUBLIC LAND.—The term “public land” has the meaning given such term in section 205 of the Sikes Act (16 U.S.C. 670k).
(3) UNMANNED AIRCRAFT SYSTEM.—The term “unmanned aircraft system” has the meaning given such term in section 44801 of title 49, United States Code.
(4) WILDFIRE.—The term “wildfire” has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act (42 U.S.C. 1856m).
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall establish and initiate a pilot program to supplement appropriate inspection and oversight activities of the department with unmanned aircraft systems for the purposes of increasing employee safety, enhancing data collection, increasing the accuracy of inspections, reducing costs, and other purposes the Secretary considers to be in the broader interests of good government.
(b) Ground-based aviation infrastructure.—Under the program required in subsection (a), the Administrator of the Federal Aviation Administration shall evaluate the use of unmanned aircraft systems to inspect ground-based aviation infrastructure that may require visual inspection in hard-to-reach areas, including—
(c) Coordination.—In carrying out the pilot program established under subsection (a), the Secretary shall consult with the labor union certified under section 7111 of title 5, United States Code, to represent personnel responsible for the inspection of the ground-based aviation infrastructure described in subsection (b).
(d) Covered foreign unmanned aircraft system.—The Secretary may not carry out an inspection under this section using an unmanned aircraft system manufactured by—
(e) Briefing.—Not later than 2 years after the date of enactment of this Act, and annually thereafter until the termination of the pilot program under this section, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the status and results of the pilot program established under subsection (a), including—
(2) a description of how unmanned aircraft systems were used to supplement existing inspection, data collection, or oversight activities of Department employees, including the number of operations and types of activities performed;
(3) efficiency or safety improvements, if any, associated with the use of unmanned aircraft systems to supplement conventional inspection, data collection, or oversight activities;
(f) Sunset and incorporation into standard practice.—
(1) SUNSET.—The pilot program established under subsection (a) and the reporting requirement under subsection (f) shall terminate on the date that is 50 months after the date of enactment of this Act.
(2) INCORPORATION INTO STANDARD PRACTICE.—Upon termination of the pilot program, the Secretary shall assess the results of the pilot program under this section and determine whether to permanently incorporate the use of unmanned aircraft systems into the regular inspection, data collection, and oversight activities of the Department.
(3) REPORT TO CONGRESS.—Not later than 3 months after the termination of the pilot program under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the final results of the pilot program and the actions taken by the Administrator pursuant to paragraph (2).
(a) Authority.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall establish a drone infrastructure inspection grant program to make grants to governmental entities to facilitate the use of eligible small unmanned aircraft systems to support more efficient inspection, operation, construction, maintenance, modernization, and repair of an element of critical infrastructure to improve worker safety related to critical infrastructure projects.
(b) Use of grant amounts.—A governmental entity may use a grant provided under this section to—
(2) support operational capabilities of eligible small unmanned aircraft systems by the governmental entity;
(c) Eligibility.—To be eligible to receive a grant under this section, a governmental entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require, including an assurance that the governmental entity or any contractor of the governmental entity, will comply with relevant Federal regulations.
(d) Selection of applicants.—In awarding a grant under this section, the Secretary shall prioritize applications that propose to—
(e) Limitation.—Nothing in this section shall be construed as to interfere with an agreement between a governmental entity and a labor union, including requirements under section 5333(b) of title 49, United States Code.
(f) Report to Congress.—Not later than 1 year after the first grant is provided under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that evaluates the program carried out under this section, including—
(g) Funding.—
(1) FEDERAL SHARE.—
(A) IN GENERAL.—Except as provided in subparagraph (B), the Federal share of the cost of a project carried out using a grant under this section shall not exceed 50 percent of the total project cost.
(h) Definitions.—In this section:
(1) COVERED FOREIGN ENTITY.—The term “covered foreign entity” means an entity—
(A) included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce;
(2) CRITICAL INFRASTRUCTURE.—The term “critical infrastructure” has the meaning given such term in subsection (e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e)).
(3) ELEMENT OF CRITICAL INFRASTRUCTURE.—The term “element of critical infrastructure” means a critical infrastructure facility or asset, including public bridges, tunnels, roads, highways, dams, electric grid, water infrastructure, communication systems, pipelines, or other related facilities or assets, as determined by the Secretary.
(4) ELIGIBLE SMALL UNMANNED AIRCRAFT SYSTEM.—The term “eligible small unmanned aircraft system” means a small unmanned aircraft system manufactured or assembled by a company that is domiciled in the United States and is not a covered foreign entity.
(5) ELIGIBLE SMALL UNMANNED AIRCRAFT SYSTEM TECHNOLOGY.—The term “eligible small unmanned aircraft system technology” means—
(6) GOVERNMENTAL ENTITY.—The term “governmental entity” means—
(a) Authority.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall establish a drone education and training grant program to make grants to educational institutions for workforce training for eligible small unmanned aircraft system technology.
(b) Use of grant amounts.—Amounts from a grant under this section shall be used in furtherance of activities authorized under sections 631 and 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note).
(c) Eligibility.—To be eligible to receive a grant under this section, an educational institution shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require.
(d) Authorization of appropriations.—Out of amounts authorized to be appropriated under section 106(k) of title 49, United States Code, the Secretary shall make available to carry out this section—
(e) Definitions.—In this section:
(1) COVERED FOREIGN ENTITY.—The term “covered foreign entity” means an entity—
(A) included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce;
(2) EDUCATIONAL INSTITUTION.—The term “educational institution” means an institution of higher education (as defined in section 101 of the High Education Act of 1965 (20 U.S.C. 1001)) that participates in a program authorized under sections 631 and 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note).
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study of the effectiveness of the Collegiate Training Initiative Program for Unmanned Aircraft Systems, established pursuant to section 632 of the FAA Reauthorization Act 2018 (49 U.S.C. 40101 note).
The Executive Director of the UAS Integration Office of the Federal Aviation Administration shall—
(1) support, and provide substantive recommendations for, rulemaking proceedings, in coordination with other relevant services and offices and the Assistant Administrator of Rulemaking and Regulatory Improvement, regarding the integration of unmanned aircraft systems into the national airspace system;
(2) support, and make substantive recommendations to inform, the review and adjudication of submissions under the processes established under section 44807 of title 49, United States Code, as amended by section 605;
(3) support, and make substantive recommendations to inform, the development, modification, and acceptance or approval of relevant consensus standards, means of compliance, and declarations of compliance related to unmanned aircraft systems;
(4) ensure the timely consideration of airworthiness and operational determinations related to unmanned aircraft systems by relevant offices of the Administration;
(5) consult, advise, coordinate with, and make substantive recommendations to relevant lines of business and staff offices of the Administration to support the activities of the Administration and efficiently carry out the duties described in this section;
The Secretary of Transportation may not renew the charter of the Advanced Aviation Advisory Committee (chartered by the Secretary on June 10, 2022).
(a) In general.—Not later than 1 year after the termination of the Advanced Aviation Advisory Committee pursuant to section 624, the Administrator of the Federal Aviation Administration shall establish an Unmanned and Autonomous Flight Advisory Committee (in this section referred to as the “Advisory Committee”).
(b) Duties.—The Advisory Committee shall provide the Administrator advice on policy- and technical-level issues related to unmanned and autonomous aviation operations and activities, including, at a minimum, the following:
(1) The safe integration of unmanned aircraft systems and autonomous flight operations into the national airspace system, including feedback on—
(2) The use cases of unmanned aircraft systems, including evaluating and assessing the potential benefits of using unmanned aircraft systems.
(3) The development of processes and methodologies to address safety concerns related to the operation of unmanned aircraft systems, including risk assessments and mitigation strategies.
(4) Unmanned aircraft system training, education, and workforce development programs, including evaluating aeronautical knowledge gaps in the unmanned aircraft system workforce, assessing the workforce needs of unmanned aircraft system operations, and establishing a strong pipeline to ensure a robust unmanned aircraft system workforce.
(c) Membership.—
(a) In general.—Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall take such actions as may be necessary to expand the membership of the NextGen Advisory Committee chartered by the Secretary on June 15, 2022, and any subsequent chartered committees, to include a representative from the unmanned aircraft system industry and a representative from the powered-lift industry.
(a) In general.—Section 40103(b) of title 49, United States Code, is amended by adding at the end the following:
“(5) (A) In issuing a temporary flight restriction, the Administrator shall—
“(i) ensure there is a specific and articulable safety or security basis for the size, scope, and duration of such restriction;
“(ii) immediately distribute a notice of the temporary flight restriction via the Notice to Air Missions system; and
(a) Sense of Congress.—It is the sense of Congress that—
(1) the purpose of the joint Department of Defense-Federal Aviation Administration executive committee (referred to in this subsection as “Executive Committee”) on conflict and dispute resolution as described in Section 1036(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417) is to resolve disputes on the matters of policy and procedures between the Department of Defense and the Federal Aviation Administration relating to airspace, aircraft certifications, aircrew training, and other issues, including the access of unmanned aerial systems of the Department of Defense to the national airspace system;
(b) In general.—
(1) CHARTER REVISION.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall seek to revise the charter of the Executive Committee to reflect the scope, objectives, membership, and activities described in such section 1036(b) in order to achieve the increasing, and ultimately routine, access of unmanned aircraft systems (as defined in section 44801 of title 49, United States Code) into the national airspace system.
(a) In general.—Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall, in coordination with the Secretary of Defense, conduct a review of requirements necessary to permit an unmanned aircraft systems (excluding small unmanned aircraft systems) operated by a Federal agency or an armed service to be operated in the national airspace system, including outside of restricted airspace, without being escorted by a manned aircraft.
(b) Report.—Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review, including findings and recommendations on regulatory and statutory changes that can be made to enable the operations described under subsection (a).
(a) FAA BEYOND program extension.—The Administrator of the Federal Aviation Administration shall extend the BEYOND program of the Administration as in effect on the day before the date of enactment of this Act (referred to in this section as the “Program”) and the existing agreements with State, local, and Tribal governments entered into under the Program until such date, as specified in subsection (b).
(b) FAA BEYOND Program Expansion.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Administrator shall expand the Program to additional locations and test the use of new and emerging aviation concepts and technologies, including concepts and technologies unrelated to unmanned aircraft systems, to evaluate and inform Administration policies, rulemaking, and guidance related to the safe integration of such concepts and technologies into the national airspace system.
(a) In general.—The Administrator of the Federal Aviation Administration shall implement the recommendations made by—
(b) Briefing.—Not later than 12 months after the date of enactment of this Act, the Administrator shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate annually on the status of the activities described in subsection (a).
There is authorized to be appropriated to the Administrator $1,000,000 for each of fiscal years 2024 through 2028, out of funds made available under section 106(k) of title 49, United States Code, for the Know Before You Fly educational campaign or similar public informational efforts intended to broaden unmanned aircraft systems safety awareness.
Section 40125(a)(2) of title 49, United States Code, is amended—
(2) by inserting “(including data collection on civil aviation systems undergoing research, development, test, or evaluation at a test range (as such term is defined in section 44801)), infrastructure inspections, or any other activity undertaken by a governmental entity that the Administrator determines is inherently governmental” after “biological or geological resource management”.
In this subtitle, the term “powered-lift aircraft” has the meaning given the term “powered-lift” in section 1.1 of title 14, Code of Federal Regulations.
(a) Final rulemaking.—Not later than 13 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall publish a final rule for a special Federal aviation regulation establishing procedures for certifying powered-lift pilots and providing operational rules for powered-lift aircraft.
(b) Future rulemaking.—Not later than 5 years after the date of enactment of this Act, the Administrator shall initiate a rulemaking activity providing for a permanent pathway for the—
(c) Rulemaking considerations.—
(1) CONTENTS OF RULEMAKINGS.—In the development of the rulemakings required under subsections (a) and (b), the Administrator shall—
(B) provide for a combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft;
(C) grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of a Federal Aviation Administration-approved pilot type rating for such type of aircraft;
(2) CONSIDERATIONS FOR FUTURE RULEMAKINGS.—In the development of the rulemakings required under subsection (b), the Administrator shall—
(A) consider and plan for unmanned and remotely piloted powered-lift aircraft systems, and the associated elements of such aircraft, through the promulgation of performance-based regulations;
(B) consider and plan for alternative fuel types and propulsion methods, including reviewing the performance-based nature of parts 33 and 35 of title 14, Code of Federal Regulations; and
(C) work to harmonize the certification and operational requirements of the Federal Aviation Administration with the certification and operational requirements of civil aviation authorities with bilateral safety agreements in place with the United States, to the extent harmonization does not negatively impact domestic manufacturers and operators.
(d) Interim application of rules and privileges in lieu of rulemaking.—Beginning 21 months after the date of enactment of this Act, if a final rule has not been published pursuant to subsection (a)—
(1) rules in effect on such date that apply to the operation and the operator of rotorcraft or fixed-wing aircraft under subchapters F, G, H, and I of chapter 1 of title 14, Code of Federal Regulations, shall be—
(2) upon the completion of a type rating for a specific powered-lift aircraft, airmen that hold a pilot or instructor certification with airplane category ratings in any class or rotorcraft category ratings in the helicopter class shall be deemed to have privileges of a powered-lift rating for that aircraft.
(a) In general.—The Administrator of the Federal Aviation Administration shall, in consultation with exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code, take such actions as may be necessary to safely integrate powered-lift aircraft into the national airspace system, including in controlled airspace, and learn from any efforts to adopt and update related policy and guidance.
(b) Air traffic policies for entry into service.—Not later than 24 months after the date of enactment of this Act, the Administrator shall update air traffic orders and policies, to the extent necessary, and address air traffic control system challenges in order to allow for—
(c) Long-term air traffic policies.—Based on the implementation of subsection (b), the Administrator shall—
(2) to the extent necessary, develop powered-lift specific procedures for airports, heliports, and vertiports;
It is the sense of Congress that the Administrator of the Federal Aviation Administration should work with manufacturers, prospective operators of powered-lift aircraft, and other stakeholders, to enable the safe entry of such aircraft into commercial service following the publication of the final special Federal Aviation Administration rulemaking titled “Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes”, including by reviewing and providing feedback to such manufacturers and operators on draft pilot training, operations, and maintenance manuals after the publication of the draft special Federal Aviation Administration rulemaking and prior to the publication of a final rule, as appropriate.
(a) Updates to regulations for consistency.—The Administrator of the Federal Aviation Administration shall update part 1 and part 157 of title 14, Code of Federal Regulations, and other regulations as necessary to implement the amendments made by section 401.
(b) Update to heliport design standards.—The Administrator shall update the version of Advisory Circular 150/5390–2, titled “Heliport Design” in effect on the date of enactment of this Act, to—
(1) increase the inclusion of performance-based guidance, including around aircraft fuel type and propulsion method;
(2) update guidance to consider risk mitigations and hazards associated with different aircraft fuel types and propulsion methods;
(c) Engineering brief on vertiport design.—The Administrator may update the version of Engineering Brief 105, titled “Vertiport Design” in effect on the date of enactment of this Act, prior to issuing an update to Advisory Circular 150/5390–2, as required under subsection (b).
(d) Engineering brief sunset.—The Administrator shall revoke Engineering Brief 105, titled “Vertiport Design”, on the earlier of—
(e) Guidance, forms, and planning.—The Administrator shall—
(1) ensure airport district offices of the Administration have sufficient guidance and policy direction regarding the Administration’s heliport and vertiport design guidance not later than 18 months after the date of enactment of this Act and update such guidance routinely;
(a) In general.—The Administrator of the Federal Aviation Administration shall increase efforts to update and keep current the Airport Master Record of the Administration, including by establishing a streamlined process by which the owners and operators of public and private aviation facilities with nontemporary, nonintermittent operations are encouraged to keep the information on such facilities current.
(b) Briefing.—The Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the plans of the Administrator to update and keep current the Airport Master Record for private and public airports, heliports, and vertiports.
Section 2 of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C. 40101 note) is amended—
(4) in subsection (f)(1) by striking “necessary to support the evolution of early” and inserting the following: “that would allow for—
(5) in subsection (g)—
(6) in subsection (i)—
(A) in paragraph (1) by striking “that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft,” and inserting “comprised of urban air mobility and regional air mobility using manned or unmanned aircraft”;
(D) by inserting after paragraph (4) the following:
“(5) POWERED-LIFT AIRCRAFT.—The term ‘powered-lift aircraft’ has the meaning given the term ‘powered-lift’ in section 1.1 of title 14, Code of Federal Regulations.
“(6) REGIONAL AIR MOBILITY.—The term ‘regional air mobility’ means the movement of people or property by air between 2 points using an airworthy aircraft that—
(E) by inserting after paragraph (7), as so redesignated, the following:
“(8) URBAN AIR MOBILITY.—The term ‘urban air mobility’ means the movement of people or property by air between 2 intracity or intercity points using an airworthy aircraft that—
(8) by inserting after subsection (h) the following:
“(i) Considerations for termination of working group.—In deciding whether to terminate the working group under subsection (h), the Secretary and the Administrator of the Federal Aviation Administration shall consider other interagency coordination activities associated with AAM, or other new or novel users of the national airspace system, that could benefit from continued wider interagency coordination.”.
Section 101 of division Q of the Consolidated Appropriations Act, 2023 (49 U.S.C. 40101 note) is amended—
(1) in subsection (b)—
(A) in paragraph (2)—
(i) in subparagraph (A) by inserting “, as well as the use of existing airport and heliport infrastructure that may require modifications to safely accommodate AAM operations,” after “vertiport infrastructure”; and
(B) in paragraph (6)(B)—
(iii) by adding at the end the following:
“(iii) a description of—
“(I) initial community engagement efforts and responses from the public on the planning and development efforts of eligible entities related to urban air mobility and regional air mobility operations;
(4) in subsection (e)—
(A) by striking paragraph (1) and inserting the following:
“(1) ADVANCED AIR MOBILITY; AAM; REGIONAL AIR MOBILITY; URBAN AIR MOBILITY; VERTIPORT.—The terms ‘advanced air mobility’, ‘AAM’, ‘regional air mobility’, ‘urban air mobility’, and ‘vertiport’ have the meaning given such terms in section 2(j) of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C. 40101 note).”; and
Section 580(c)(3) of the FAA Reauthorization Act of 2018 (Public Law 115–254) is amended by striking “2024” and inserting “2028”.
(a) In general.—The Secretary shall establish a pilot program to issue grants to operators of launch and reentry sites for projects to construct, repair, maintain, or improve transportation infrastructure and facilities at such sites.
(b) Pilot program qualifications.—The Secretary may enter into agreements under this section to issue a grant to an operator only if the operator—
(1) has submitted an application to the Secretary in such form, at such time, and containing such information as prescribed by the Secretary;
(c) Permitted use of pilot program grants.—An operator may use a grant provided under this subsection for a project to construct, repair, maintain, or improve infrastructure and facilities that—
(d) Pilot program grants.—
(1) GRANT FORMULA.—At the beginning of each fiscal year after fiscal year 2024, the Secretary shall issue a grant to an operator that qualifies for the pilot program under subsection (b) an amount equal to the sum of—
(2) MAXIMUM GRANT.—Except as provided in subsection (e)(5), a grant issued to an operator under this subsection shall not exceed $2,500,000 for a fiscal year.
(3) ADJACENCY.—
(A) IN GENERAL.—In issuing a grant to an operator under paragraph (1), the Secretary shall determine whether a launch or reentry site is adjacent to a Federal launch range.
(B) LIMITATION.—Only 1 operator may receive an amount under paragraph (1) for each licensed or permitted launch or reentry operation described in such subparagraph.
(C) MULTIPLE LAUNCH OR REENTRY SITES OPERATED BY 1 OPERATOR.—If an operator holds a license to operate more than 1 launch site or more than 1 reentry site that are adjacent to a Federal launch range, the Secretary shall consider such launch or reentry sites as 1 launch or reentry site for purposes of subparagraph (A).
(e) Supplemental grants in support of state, local, or private matching.—
(1) IN GENERAL.—The Secretary may issue a supplemental grant to an operator, subject to the requirements of this paragraph.
(2) DOLLAR-FOR-DOLLAR MATCHING.—If a qualified entity provides an operator an amount equal to or greater than the amount of a grant provided in a fiscal year under subsection (d) (for the explicit purpose of matching such grant), the Secretary may issue a supplemental grant to the operator that is equal to 25 percent of such grant in the following fiscal year.
(3) ADDITIONAL NON-FEDERAL MATCHING.—If a qualified entity provides an operator an amount equal to or greater than two times the amount of a grant provided in a fiscal year to the operator under subsection (d) (for the explicit purpose of matching such grant), the Secretary may issue a supplemental grant to the operator that is equal to 50 percent of such grant in the following fiscal year.
(f) Funding.—
(1) PILOT PROGRAM GRANT FUNDS.—The grants issued under this section shall be issued from funds made available out of amounts available under section 106(k) of title 49, United States Code.
(2) MAXIMUM ANNUAL LIMIT ON PILOT PROGRAM.—
(A) IN GENERAL.—The total amount of all grants issued under this section shall not exceed $20,000,000 in any fiscal year.
(g) Definitions.—In this section:
(1) COVERED TRANSPORTATION ACTIVITY.—The term “covered transportation activity” means the movement of people or property to, from, or within a launch site and the necessary or incidental activities associated with such movement, including through the use of—
(2) LAUNCH; LAUNCH SITE; LAUNCH VEHICLE; REENTRY SITE; REENTRY VEHICLE.—The terms “launch”, “launch site”, “launch vehicle”, “reentry site”, and “reentry vehicle” have the meanings given those terms in section 50902 of title 51, United States Code.
(a) High-speed aircraft testing.—Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with any other Federal agency the Administrator determines appropriate, shall ensure that there is a process in which manufacturers and operators of high-speed aircraft can engage in flight testing of such high-speed aircraft, which may include the establishment of high speed testing corridors in the national airspace system.
(b) Study on high-speed aircraft operations.—
(1) IN GENERAL.—The Administrator of the Federal Aviation Administration shall, after consultation with aircraft manufacturers, institutions of higher learning, the Administrator of the National Aeronautics and Space Administration, the Secretary of Defense, and any other agencies the Administrator determines appropriate, conduct a study to assess actions necessary to facilitate the safe operation and integration of high-speed aircraft into the national airspace system.
(2) CONTENTS.—In carrying out the study under paragraph (1), the Administrator shall—
(A) assess various altitudes and operating conditions of high-speed aircraft in Class E airspace above the upper boundary of Class A airspace and the resulting aircraft noise levels at the surface;
(B) include the development of a framework and timeline to establish the appropriate regulatory requirements to conducting high-speed aircraft flights;
(c) Report.—Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under subsection (a), including the recommendations under subsection (b)(3), to facilitate the safe operation and integration of high-speed aircraft in the national airspace system.
(d) Study and rulemaking on high altitude Class E airspace flight operations.—
(1) CONSULTATION.—Not later than 12 months after the date of enactment of this Act, the Administrator, in consultation with the Administrator of the National Aeronautics and Space Administration and relevant stakeholders, including industry and academia, shall identify the minimum altitude above the upper boundary of Class A airspace at or above which flights operating with speeds above Mach 1 generate sonic booms that are inaudible at the surface under prevailing atmospheric conditions.
(2) RULEMAKING.—Not later than 2 years after the date on which the Administrator identifies the minimum altitude described in paragraph (1), the Administrator shall publish in the Federal Register a notice of proposed rulemaking to amend sections 91.817 and 91.818 of title 14, Code of Federal Regulations, and such other regulations as appropriate, to permit flight operations with speeds above Mach 1 at or above the minimum altitude identified under paragraph (1) without specific authorizations, provided that such flight operations—
(a) In general.—The Administrator of the Federal Aviation Administration shall prioritize engagement with the International Civil Aviation Organization and contribute to or lead the development of international standards and recommended practices to improve aviation safety and support the entry-into-service of new forms of aviation.
(a) In general.—Notwithstanding any other provision of law, the Secretary of Transportation may make a grant under subchapter I of chapter 471 of title 49, United States Code, to an airport sponsor to reconstruct, repave, or rehabilitate the full length and width of a runway existing on the date of enactment of this Act if—
Section 329(b) of title 49, United States Code, is amended—
(4) by inserting after paragraph (1) the following:
“(2) collect and disseminate information on commercial space transportation operations (other than that collected and disseminated by the National Transportation Safety Board under chapter 11) including, at a minimum, information on the number of launches or reentries licensed by the Secretary, the number of space flight participants, the number of payloads, and the mass of payloads, organized by class of orbit;”.
Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the infrastructure needs at Federal Aviation Administration-licensed horizontal and vertical launch sites located in rural communities.
(a) Sense of Congress.—It is the Sense of Congress that—
(1) a safe and efficient national airspace system that successfully supports existing users and integrates new entrants is of the utmost importance;
(2) both commercial aviation and space launch and reentry operations are vital to United States global leadership, national security, and economic opportunity;
(3) aircraft hazard areas are necessary during space launch and reentry operations to ensure public safety; and
(4) the Administrator of Federal Aviation Administration should prioritize the development and deployment of technologies to improve visibility of space launch and reentry operations within Administration computer systems and minimize operational workload to air traffic controllers associated with routing traffic during spaceflight launch and reentry operations.
(b) Space launch and reentry airspace integration technology.—There is authorized to be appropriated $10,000,000 for each of the fiscal years 2024 through 2028, or until such time as the Administrator determines that the project has reached an operational status, for the Administrator to expedite the development, acquisition, and deployment of technologies or capabilities to aid in space launch and reentry integration, which may include technologies recommended by the Airspace Access Priorities Aviation Rulemaking Committee in 2019, systems to enable the integration of launch and reentry data directly onto air traffic controller displays, and automated systems to enable near real-time planning and dynamic rerouting of commercial aircraft during and following commercial space launch and reentry operations, with the objective of operational readiness not later than December 31, 2026.
(a) Full fare advertising.—Section 41712 of title 49, United States Code, is further amended by adding at the end the following:
“(e) Full fare advertising.—
“(1) IN GENERAL.—It shall not be an unfair or deceptive practice under subsection (a) for a covered entity to state in an advertisement or solicitation for passenger air transportation the base airfare for such air transportation if the covered entity clearly and separately discloses—
“(2) FORM OF DISCLOSURE.—
“(A) IN GENERAL.—For purposes of paragraph (1), the information described in paragraphs (1)(A) and (1)(B) shall be disclosed in the advertisement or solicitation in a manner that clearly presents the information to the consumer.
“(B) INTERNET ADVERTISEMENTS AND SOLICITATIONS.—For purposes of paragraph (1), with respect to an advertisement or solicitation for passenger air transportation that appears on a website, the information described in paragraphs (1)(A) and (1)(B) may be disclosed through a link or pop-up, as such terms may be defined by the Secretary, in a manner that is easily accessible and viewable by the consumer.
(b) Limitation on statutory construction.—Nothing in the amendment made by subsection (b) may be construed to affect any obligation of a person that sells passenger air transportation to disclose the total cost of such air transportation, including government-imposed taxes and fees, prior to purchase of such air transportation.
(c) Regulations.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue final regulations to carry out the amendment made by subsection (a).
(d) Statutory construction.—Nothing in this section may be construed to limit or otherwise affect the authority of the Secretary to regulate the disclosure of air carrier-imposed fees, or alter the requirements under part 399 of title 14, Code of Federal Regulations, as such part relates to air carrier-imposed fees.
Section 42302 of title 49, United States Code, is amended to read as follows:
“(a) In general.—The Secretary of Transportation shall—
“(b) Notice to passengers on the internet.—An air carrier or foreign air carrier providing scheduled air transportation using any aircraft that as originally designed has a passenger capacity of 30 or more passenger seats shall include on the accessible website of the carrier—
“(c) Use of additional or alternative technologies.—The Secretary shall periodically evaluate the benefits of using mobile phone applications or other widely used technologies to—
“(d) Air ambulance providers.—Each air ambulance provider shall include the accessible website, or a link to such accessible website, maintained pursuant to subsection (a) and the contact information for the Aviation Consumer Advocate established by section 424 of the FAA Reauthorization Act of 2018 (49 U.S.C. 42302 note) on—
(a) Passenger rights.—Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following:
“(a) Guidelines.—The Secretary of Transportation shall require each air carrier and foreign air carrier to submit a summarized 1-page document that describes the rights of passengers in air transportation, including guidelines for the following:
“(1) Compensation (regarding rebooking options, refunds, meals, and lodging) for flight delays of various lengths.
“(3) Compensation (regarding rebooking options, refunds, meals, and lodging) for flight cancellations.
“(4) Compensation for mishandled baggage, wheelchairs, mobility aids and other assistive devices, including delayed, damaged, pilfered, or lost baggage, wheelchairs, mobility aids and other assistive devices.
“(b) Filing of summarized guidelines.—Not later than 90 days after each air carrier and foreign air carrier submits the 1-page document to the Secretary under subsection (a), each such air carrier and foreign air carrier shall make available such 1-page document in a prominent location on its website.”.
(b) Airline Passengers with Disabilities Bill of Rights.—Subchapter I of chapter 417 of title 49, United States Code, is further amended by adding at the end the following:
Ҥ 41728. Airline passengers with disabilities bill of rights
“(a) Airline passengers with disabilities bill of rights.—The Secretary of Transportation shall develop a document, to be known as the ‘Airline Passengers with Disabilities Bill of Rights’, using plain language to describe the basic protections and responsibilities of air carriers and foreign air carriers, their employees and contractors, and people with disabilities under section 41705.
“(b) Content.—In developing the Airline Passengers with Disabilities Bill of Rights under subsection (a), the Secretary shall include, at a minimum, plain language descriptions of protections and responsibilities provided in law related to the following:
“(2) The right of passengers with disabilities to receive timely assistance, if requested, from properly trained air carrier, foreign air carrier, and contractor personnel.
“(3) The right of passengers with disabilities to travel with wheelchairs, mobility aids, and other assistive devices, including necessary medications and medical supplies, including stowage of such wheelchairs, aids, and devices.
“(c) Rule of construction.—The development of the Airline Passengers with Disabilities Bill of Rights under subsections (a) and (b) shall not be construed as expanding or restricting the rights available to passengers with disabilities on the day before the date of the enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) pursuant to any statute or regulation.
“(d) Consultations.—In developing the Airline Passengers with Disabilities Bill of Rights under subsection (a), the Secretary shall consult with stakeholders, including disability organizations and air carriers, foreign air carriers, and their contractors.
“(e) Display.—Each air carrier and foreign air carrier shall include the Airline Passengers with Disabilities Bill of Rights—
“(f) Training.—
“(1) IN GENERAL.—Air carriers, foreign air carriers, and contractors of such carriers shall submit to the Secretary plans that ensure that employees of such carriers and their contractors receive training on the protections and responsibilities described in the Airline Passengers with Disabilities Bill of Rights.
(c) Conforming amendments.—The analysis for chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41726 the following:
“41727. Passenger rights.
“41728. Airline passengers with disabilities bill of rights.”.
(d) Conforming repeals.—Sections 429 and 434 of the FAA Reauthorization Act of 2018 (49 U.S.C. 42301 note; 41705 note) and the item relating to such sections in the table of contents in section 1(b) of such Act are repealed.
Section 411 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 note) is amended—
(a) Sovereignty and use of airspace.—Section 40103(a)(2) of title 49, United States Code, is amended by striking “handicapped individuals” and inserting “individuals with disabilities”.
(b) Special prices for foreign air transportation.—Section 41511(b)(4) of title 49, United States Code, is amended by striking “handicap” and inserting “disability”.
(c) Discrimination against individuals with disabilities.—Section 41705 of title 49, United States Code, is amended in the heading by striking “handicapped individuals” and inserting “individuals with disabilities”.
(d) Clerical amendment.—The analysis for chapter 417 of title 49, United States Code, is amended by striking the item relating to section 41705 and inserting the following:
“41705. Discrimination against individuals with disabilities.”.
Section 424(e) of the FAA Reauthorization Act of 2018 (49 U.S.C. 42302 note) is amended by striking “2023” and inserting “2028”.
(a) In general.—Section 439 of the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note) is amended—
(1) in the section heading by striking “Advisory committee on the air travel needs of passengers with disabilities” and inserting “Air Carrier Access Act advisory committee”;
(b) Conforming amendment.—Section 1(b) of the FAA Reauthorization Act of 2018 (Public Law 115–254) is amended by striking the item relating to section 439 and inserting the following:
“Sec. 439. Air Carrier Access Act advisory committee. ”.
(a) In general.—The Secretary of Transportation shall establish an advisory committee to advise the Secretary and the Administrator of the Federal Aviation Administration in carrying out activities relating to the improvement of the passenger experience in air transportation customer service.
(b) Membership.—The Secretary shall appoint the members of the advisory committee, which shall be comprised of at least 1 representative of each of—
(15) certified labor organizations representing aviation workers, including—
(B) airline pilots working for air carriers operating under part 121 of title 14, Code of Federal Regulations;
(c) Vacancies.—A vacancy in the advisory committee under this section shall be filled in a manner consistent with subsection (b).
(d) Travel expenses.—Members of the advisory committee under this section shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.
(e) Chair.—The Secretary shall designate an individual among the individuals appointed under subsection (b) to serve as Chair of the advisory committee.
(f) Duties.—The duties of the advisory committee shall include—
(g) Report to Congress.—Not later than 1 year after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a report containing—
(a) In general.—Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall take such action as may be necessary to update the process by which an air carrier or ticket agent is required to fulfill disclosure obligations in ticketing transactions for air transportation not completed through a website.
(b) Requirements.—The process updated under subsection (a) shall—
(1) include means of referral to the applicable air carrier website with respect to disclosures related to air carrier optional fees and policies;
(2) include a means of referral to the website of the Department of Transportation with respect to any other required disclosures to air transportation passengers;
(a) In general.—Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall issue a final rule to revise section 399.80 of title 14, Code of Federal Regulations, to clarify the refund obligations of ticket agents.
(a) ARAC tasking.—Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall task the Aviation Rulemaking Advisory Committee with—
(b) Final regulation.—Not later than 6 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a final regulation revising section 121.317 of title 14, Code of Federal Regulations, and such other related regulations as the Administrator determines appropriate, to—
(a) Publication of cargo hold dimensions.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall require air carriers to publish on a prominent and easily accessible place on the public website of the air carrier, information describing the relevant dimensions and other characteristics of the cargo holds of all aircraft types operated by the air carrier, including the dimensions of the cargo hold entry, that would limit the size, weight, and allowable type of cargo available.
(b) Refund required for individual traveling with wheelchair.—In the case of a qualified individual with a disability traveling with a wheelchair who has purchased a ticket for a flight from an air carrier, but who cannot travel on the aircraft for such flight because the wheelchair of such qualified individual cannot be physically accommodated in the cargo hold of the aircraft, the Secretary shall require such air carrier to offer a refund to such qualified individual of any previously paid fares, fees, and taxes applicable to such flight.
(c) Evaluation of data regarding damaged wheelchairs.—Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Secretary shall—
(d) Feasibility of in-cabin wheelchair restraint systems.—
(1) ROADMAP.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a publicly available strategic roadmap that describes how the Department of Transportation and the United States Access Board, respectively, shall, in accordance with the recommendations from the National Academies of Science, Engineering, and Mathematics Transportation Research Board Special Report 341—
(A) establish a program of research, in collaboration with the Rehabilitation Engineering and Assistive Technology Society of North America, the assistive technology industry, air carriers, original equipment manufacturers, national disability and disabled veterans organizations, and any other relevant stakeholders, to test and evaluate an appropriate selection of WC19-compliant wheelchairs and accessories in accordance with applicable Federal Aviation Administration crashworthiness and safety performance criteria, including the issues and considerations set forth in such Special Report 341; and
(2) STUDY.—If determined to be technically feasible by the Secretary, not later than 2 years after making such determination, the Secretary shall commence a study to assess the economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight. Such study shall include an assessment of—
(3) REPORT.—Not later than 1 year after the date on which the study under paragraph (2) is completed, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a publicly available report describing the results of the study conducted under paragraph (2), together with any recommendations the Secretary determines appropriate.
(e) Definitions.—In this section:
(1) AIR CARRIER.—The term “air carrier” has the meaning given such term in section 40102 of title 49, United States Code.
(a) Annual report.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Transportation shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on disability-related aviation consumer complaints filed with the Department of Transportation, and shall make each annual report publicly available.
(b) Scope of report.—In each report required under subsection (a), the Secretary shall include, at minimum, a description of the following:
(1) The number of disability-related aviation consumer complaints filed with the Department of Transportation during the calendar year preceding the year in which such report is submitted.
(2) The nature of such complaints, such as reported issues with—
(B) mishandling of passengers with a disability, including mishandling of a wheelchair, mobility aid, or other accessibility equipment of a passenger by an air carrier;
(C) the condition or availability of accessibility equipment or materials operated by an air carrier;
(D) the accessibility of in-flight services, including accessing and utilizing onboard lavatories, for passengers with a disability;
(E) difficulties experienced by passengers with a disability in communicating with an air carrier employee;
(F) difficulties experienced by passengers with a disability in being moved, handled, or otherwise assisted;
(6) The number of such complaints that resulted in dismissal, a civil monetary penalty, or other injunctive relief.
(c) Report to Congress.—The Secretary shall submit annually to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report required under subsection (a).
(d) Definitions.—In this section:
(1) IN GENERAL.—Except as otherwise provided, the terms used in this section have the meanings given such terms in section 40102 of title 49, United States Code, or section 382.3 of title 14, Code of Federal Regulations, as applicable.
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall initiate a program to study and evaluate improvements to transport category aircraft accessibility, including—
(1) determining whether and, if so, how personal wheelchairs, including manual and powered wheelchairs, can be safely secured in the passenger seating areas of an aircraft certificated under part 25 of title 14, Code of Federal Regulations;
(b) Report and recommendations.—Not later than 2 years after the date of enactment of this Act, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the study and evaluation described in subsection (a) and recommendations to address the findings of such study and evaluation.
Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall, in direct consultation with the United States Architectural and Transportation Barriers Compliance Board, prescribe regulations setting forth minimum standards to ensure that individuals with disabilities are able to access kiosks, software applications, and websites in a manner that is equally as effective as individuals without disabilities, with a substantially equivalent ease of use. Such standards shall be consistent with the standards set forth in the Web Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium or any subsequent version.
(a) In general.—No later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Administrator of the Federal Aviation Administration, shall conduct a review of the means of reporting flight delay and cancellation statistics to the Secretary and the accuracy of such data.
(b) Coordination requirement.—In conducting the review required in paragraph (1), the Secretary shall coordinate and collaborate with air carriers (as such term is defined in section 40102 of title 49, United States Code) to assist in conducting the review and providing recommendations on improving the means of reporting flight delay and cancellation statistics to the Secretary and the accuracy of such data.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall direct all air carriers providing scheduled passenger interstate or intrastate air transportation to establish policies regarding reimbursement for lodging, transportation between such lodging and the airport, and meal costs incurred due to a flight cancellation or significant delay directly attributable to the air carrier.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall require a covered carrier to develop and regularly update an operational resiliency strategy to prevent or limit the impact of future flight disruptions on passengers.
(b) Operational resiliency strategy.—In each operational resiliency strategy developed under subsection (a), a covered carrier shall include a description of—
(1) the potential impact of severe weather and other reasonably anticipated disruptive events on the operations of the carrier and how the carrier seeks to prevent or limit the impact of such events on passengers;
(2) the potential impact of severe weather events and other reasonably anticipated disruptive events on—
(3) the preparedness of the carrier to maintain operations and limit or prevent the impact of other potential disruptive events identified by the carrier;
(c) Proprietary information.—The Secretary shall develop a method to protect the confidentiality of any trade secret or proprietary information submitted in an operational resiliency strategy under subsection (b).
(d) Evaluation.—
(1) AUDIT.—Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall initiate an audit to evaluate the effectiveness of the operational resiliency strategies developed under this section by covered air carriers.
(2) REPORT.—Not later than 1 year after completion of the audit conducted under paragraph (1), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the audit.
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue a notice of proposed rulemaking to establish a policy directing air carriers that assign seats, or allow individuals to select seats in advance of the date of departure of a flight, to sit each young child adjacent to an accompanying adult, to the greatest extent practicable, if adjacent seat assignments are available at any time after the ticket is issued for each young child and before the first passenger boards the flight.
(b) Prohibition on fees.—The notice of proposed rulemaking described in subsection (a) shall include a provision that prohibits an air carrier from charging a fee, or imposing an additional cost beyond the ticket price of the additional seat, to seat each young child adjacent to an accompanying adult within the same class of service.
(c) Rule of construction.—Notwithstanding the requirement in subsection (a), nothing in this section may be construed to allow the Secretary to impose a change in the overall seating or boarding policy of an air carrier that has an open or flexible seating policy in place that generally allows adjacent family seating as described under this section.
Not later than 60 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall—
(1) initiate a rulemaking activity based on the regulation described in section 577 of the FAA Reauthorization Act of 2018 (49 U.S.C. 42301 note); and
(2) if the Administrator decides not to pursue the rulemaking described in paragraph (1), the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the justification of such decision.
(a) Rulemaking.—Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall issue a notice of proposed rulemaking to develop requirements for minimum training standards for airline personnel or contractors who assist wheelchair users who must board or deplane using an aisle chair or other boarding device.
(b) Requirements.—The training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors who assist passengers who use wheelchairs who must board or deplane using an aisle chair or other boarding device—
(1) complete refresher training within 18 months and be recertified on the job within 18 months by a superior in order to remain qualified for providing aisle chair assistance; and
(2) be able to successfully demonstrate each of following skills in hands-on training sessions before being allowed to board or deplane a passenger using an aisle chair or other boarding device:
(A) How to safely use the aisle chair, or other boarding device, including the use of all straps, brakes, and other safety features.
(c) Considerations.—In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum—
(a) Rulemaking.—Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall issue a notice of proposed rulemaking to develop minimum training standards related to stowage of wheelchairs and scooters used by passengers with disabilities on aircraft.
(b) Requirements.—The training standards developed under subsection (a) shall require, at a minimum, that personnel and contractors of air carriers and foreign air carriers who stow wheelchairs and scooters on aircraft—
(1) complete refresher training within 18 months and be recertified on the job within 18 months by a superior in order to remain qualified for handling and stowing wheelchairs and scooters; and
(2) be able to successfully demonstrate the each of following skills in hands-on training sessions before being allowed to handle or stow a wheelchair or scooter:
(A) How to properly handle and configure, at a minimum on a common design for power and manual wheelchairs and scooters for stowage on each aircraft type operated by the air carrier or foreign air carrier.
(c) Considerations.—In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum whether to require air carriers and foreign air carriers to partner with wheelchair or scooter manufacturers, national disability and disabled veterans organizations representing individuals who use wheelchairs and scooters, and aircraft manufacturers, in developing training.
Section 41705(c) of title 49, United States Code, is amended by striking paragraph (1), and inserting the following:
“(1) IN GENERAL.—The Secretary shall—
“(A) not later than 120 days after the receipt of any complaint of a violation of this section or a regulation prescribed under this section, investigate such complaint; and
“(B) provide, in writing, to the individual that filed the complaint and the air carrier or foreign air carrier alleged to have violated this section or a regulation prescribed under this section, the determination of the Secretary with respect to—
(a) Aircraft access standards.—
(1) STANDARDS.—
(A) ADVANCE NOTICE OF PROPOSED RULEMAKING.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue an advanced notice of proposed rulemaking regarding standards to ensure that the aircraft boarding and deplaning process is accessible, in terms of design for, transportation of, and communication with, individuals with disabilities, including individuals who use wheelchairs.
(b) In-flight entertainment rulemaking.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue a notice of proposed rulemaking in accordance with the November 22, 2016, resolution of the Department of Transportation ACCESS Committee and the consensus recommendation set forth in the Term Sheet Reflecting Agreement of the Access Committee Regarding In-Flight Entertainment.
(c) Negotiated rulemaking on in-cabin wheelchair restraint systems and enplaning and deplaning standards.—
(1) TIMING.—
(A) IN GENERAL.—Not later than 1 year after completion of the report required by section 712(d)(3), and if such report finds economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate individuals with disabilities using wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight, the Secretary shall conduct a negotiated rulemaking on new type certificated aircraft standards for seating arrangements that accommodate such individuals in the main cabin during flight or an accessible route to a minimum of 2 aircraft passenger seats for passengers to access from personal assistive devices of such individuals.
(2) NOTICE OF PROPOSED RULEMAKING.—Not later than 1 year after the completion of the negotiated rulemaking required under paragraph (1), the Secretary shall issue a notice of proposed rulemaking regarding the standards described in paragraph (1).
(3) FINAL RULE.—Not later than 1 year after the date on which the notice of proposed rulemaking under paragraph (2) is completed, the Secretary shall issue a final rule regarding the standards described in paragraph (1).
(4) CONSIDERATIONS.—In the negotiated rulemaking and rulemaking required under this subsection, the Secretary shall consider—
(A) a reasonable period for the design, certification, and construction of aircraft that meet the requirements;
(d) Visual and tactilely accessible announcements.—The Advisory Committee established under section 439(g) of the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note) shall examine technical solutions and the feasibility of visually and tactilely accessible announcements on-board aircraft.
(e) Airport facilities.—Not later than 2 years after the date of enactment of this Act, the Secretary shall, in direct consultation with the Access Board, prescribe regulations setting forth minimum standards under section 41705 of title 49, United States Code, that ensure all gates (including counters), ticketing areas, and customer service desks covered under such section at airports are accessible to and usable by all individuals with disabilities, including through the provision of visually and tactilely accessible announcements and full and equal access to aural communications.
(f) Definitions.—In this section:
(1) ACCESS BOARD.—The term “Access board” means the Architectural and Transportation Barriers Compliance Board.
(2) AIR CARRIER.—The term “air carrier” has the meaning given such term in section 40102 of title 49, United States Code.
Section 44502(e) of title 49, United States Code, is amended—
(3) by adding at the end the following:
“(4) EXCEPTION.—The requirement under paragraph (1) that an eligible air traffic system or equipment be purchased in part using a Government airport aid program, airport development aid program, or airport improvement project grant shall not apply if the system or equipment is installed at an airport that is categorized as a basic or local general aviation airport under the most recently published national plan of integrated airport systems under section 47103.”.
(a) In general.—Not later than 180 days after the date of enactment of this Act, and periodically thereafter as the Administrator of the Federal Aviation Administration determines appropriate, the Administrator shall convene Administration officials to evaluate and expedite the implementation of NextGen programs and capabilities.
(b) Nextgen program prioritization.—In allocating amounts appropriated pursuant to section 48101(a) of title 49, United States Code, the Secretary of Transportation shall give priority to the following activities:
(c) Performance-based navigation.—
(1) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Administrator shall fully implement performance-based navigation procedures for all terminal and enroute routes, including approach and departure procedures for covered airports.
(2) SPECIFIC PROCEDURES.—Pursuant to paragraph (1), the Administrator shall prioritize the following performance-based navigation procedures:
(3) PERFORMANCE-BASED NAVIGATION BASELINE EQUIPAGE REQUIREMENTS.—In carrying out paragraph (1), the Administrator shall issue such regulations as may be required, and publish applicable advisory circulars, to establish the equipage baseline appropriate for aircraft to safely use performance-based navigation procedures.
(d) Data communications.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Administrator shall fully implement the use of data communications.
(e) Terminal flight data manager.—
(f) Aeronautical information management systems.—
(1) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Administrator shall fully modernize the aeronautical information management systems of the Federal Aviation Administration to improve the functionality, useability, durability, and reliability of such systems used in the national airspace system.
(g) Effect of failure to meet deadline.—
(1) NOTIFICATION OF CONGRESS.—If the Administrator determines that the Administration has not or will not meet a deadline established under subsection (a), (c), (d), or (e), the Administrator shall, not later than 30 days after such determination, notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate about the failure to meet the target deadlines.
(2) CONTENTS OF NOTIFICATION.—A notification under paragraph (1) shall be accompanied by the following:
(3) BRIEFING.—If the Administrator is required to provide notice under paragraph (1), the Administrator shall provide the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate bimonthly, in-person briefings as to the progress made by the Administration regarding implementation under the respective subsection for which the target deadline will not or was not met until such time as the Administrator has completed the required work under such subsection.
(h) Nextgen advisory committee consultation.—
(1) IN GENERAL.—The Administrator shall consult and task the NextGen Advisory Committee with providing recommendations on ways to expedite, prioritize, and fully implement NextGen programs to realize the operational benefits of such programs.
(i) Sunset of NextGen brand.—
(1) IN GENERAL.— Not later than 3 years after the date of enactment of this Act, the Administrator shall terminate the use of the term “Next Generation Air Transportation System” or “NextGen” to describe any air traffic control modernization program of the Administration.
(2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to—
(a) Coalescing airspace.—
(1) REVIEW OF NATIONAL AIRSPACE SYSTEM.—Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with the Secretary of Defense, shall conduct a comprehensive review of the airspace of the national airspace system, including special use airspace.
(2) STREAMLINING AND EXPEDITING ACCESS.—In carrying out paragraph (1), the Administrator shall identify methods to streamline, expedite, and provide greater flexibility of access to certain categories of airspace for users of the national airspace system who may not regularly have access to such airspace.
(b) Report.—
(1) IN GENERAL.—Not later than 3 months after the completion of review the under subsection (a), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the findings of such review and any recommendations and proposed actions to improve access to airspace of the national airspace system for the users of such system.
(2) CONTENTS.—In the report submitted under paragraph (1), the Administrator shall include, at a minimum, the following:
(A) An identification of current challenges and barriers faced by airspace users in accessing certain categories of airspace, including special use airspace.
(B) An evaluation of existing procedures, regulations, and requirements that may impede or delay access to certain categories of airspace for certain users of the national airspace system.
(C) Recommendations for streamlining and expediting the airspace access process, including potential regulatory changes, technological advancements, and enhanced coordination among relevant stakeholders and Federal agencies.
(3) IMPLEMENTATION AND FOLLOW-UP.—
(A) ACTION PLAN.—Based on the findings, recommendations, and proposals submitted in the report under this subsection, the Administrator shall develop an action plan for implementing any recommendations and proposals necessary to improve airspace access.
(B) COORDINATION AND COLLABORATION.—In developing the action plan under subparagraph (A), the Administrator shall coordinate with relevant stakeholders, including airspace users and the Secretary of Defense, to ensure—
(C) PROGRESS REPORTS.—The Administrator shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate periodic progress reports in the form of briefings on the implementation of the action plan developed under this paragraph, including updates on the adoption of streamlined procedures, technological enhancements, and any regulatory changes necessary to improve airspace access and flexibility.
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall ensure that responsibility for the Newark, New Jersey radar sector is moved to the Philadelphia terminal radar approach control facility.
(b) Staffing.—In carrying out subsection (a), the Administrator may not—
(1) require the temporary or permanent movement of any personnel from the New York terminal radar approach control facility to the Philadelphia terminal radar approach control facility, but may solicit such personnel to volunteer to temporarily or permanently facilitate the move required under subsection (a); or
(c) Congressional briefings.—Not later than 180 days after the date of enactment of this Act and every 60 days thereafter, the Administrator and the head of the collective bargaining unit representing air traffic controllers shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the move required under subsection (a) until such time as the Newark, New Jersey radar sector is under the full responsibility of the Philadelphia terminal radar approach control facility.
(a) Operational readiness inspections.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall update applicable regulations, standards, and guidance on operational readiness inspections related to the Federal Aviation Administration Contract Tower program to provide airport sponsors acting in good faith with 7 years to complete such inspections after receiving a benefit-to-cost ratio of air traffic control services for an airport.
(b) FCT controller airspace awareness.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator shall authorize the use of advanced technology at Federal Aviation Administration contract towers to enhance air traffic controller situational awareness.
(2) EQUIPMENT STANDARDS.—In carrying out paragraph (1), the Administrator shall establish standards and criteria identical to such standards and criteria applicable to Federal Aviation Administration air traffic controllers for the use of advanced technology in air traffic control towers.
(3) RECURRENCY TRAINING.—In carrying out this subsection, the Administrator, in coordination with Federal Aviation Administration contract tower contractors, shall establish an appropriate training program to periodically train air traffic controllers employed by such contractors to ensure proper integration and use of advanced technologies at Federal Aviation Administration contract towers.
(c) Liability insurance.—Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation, in consultation with industry experts including Federal Aviation Administration contract tower contractors and aviation insurance providers, shall—
(a) In general.—Not later than 90 days after the date of enactment of this Act, the inspector general of the Department of Transportation shall initiate an audit of the workforce needs of the Federal Aviation Administration Contract Tower Program.
(b) Contents.—In conducting the audit required under subsection (a), the inspector general shall, at a minimum—
(1) review the assumptions and methodologies used in assessing the source of Federal Aviation Administration contract towers staffing to determine the adequacy of staffing levels at such towers;
(2) determine whether there is a need to establish an air traffic controller training program to allow Federal Aviation Administration contract tower contractors to conduct—
(3) assess whether establishing pathways to allow Federal Aviation Administration contract tower contractors to use the air traffic technical training academy of the Federal Aviation Administration, or other means such as higher educational institutions, to provide initial technical training for air traffic controllers employed by such contractors could help address the workforce needs of the FAA contract tower program.
(c) Report.—Not later than 90 days after the completion of the audit under subsection (a), the inspector general shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of such audit and any recommendations as a result of such audit.
(a) In general.—Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop performance metrics with which the Administrator can assess the operation of safety-critical communication, navigation, and surveillance aviation infrastructure within the national airspace system.
(b) Performance metrics necessary to remain in service.—
(1) IN GENERAL.—After developing the performance metrics under subsection (a), the Administrator shall carry out an assessment to determine which applicable aviation infrastructure are to remain in operational service.
(2) CONSIDERATIONS.—In making an assessment under paragraph (1), the Administrator shall take into consideration the following:
(C) The average annual costs of maintaining such aviation infrastructure over a 5-year timespan and whether such costs exceed the amount to replace such aviation infrastructure.
(c) Publication.—The Administrator shall make the performance metrics established under subsection (b) available to the public through the website of the Administration, or other appropriate methods of publication, and shall ensure that any information made available to the public under this subsection is made available in a manner that—
In designing, adopting a design, or constructing an air traffic control tower based on a previously adopted design, the Administrator of the Federal Aviation Administration shall ensure that the safety of the national airspace system, the safety of employees of the Administration, the operational reliability of air traffic control towers, and the costs of such towers are the primary consideration in such design, adoption, or construction.
Section 45303(g) of title 49, United States Code, is amended—
In selecting projects for the replacement of federally owned air traffic control towers from funds made available pursuant to title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) under the heading “Federal Aviation Administration—Facilities and Equipment”, the Administrator of the Federal Aviation Administration shall consider selecting projects at small hub commercial service airports with control towers that are at least 50 years old.
(a) Report required.—Not later than 120 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress a report on the process by which air traffic control tower facilities are chosen for replacement.
(b) Contents.—The report required under subsection (a) shall contain—
(1) the process by which air traffic control tower facilities are chosen for replacement, including which divisions of the Administration control or are involved in the replacement decision making process;
(2) the criteria the Administrator uses to determine which air traffic control tower facilities to replace, including—
(3) what types of investigation the Administrator carries out to determine if an air traffic control tower facility should be replaced;
(4) a timeline of the replacement process for an individual air traffic control tower facility replacement;
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a pilot program to convert up to 3 high-activity contract towers under the Federal Aviation Administration Contract Tower Program under section 47124 of title 49, United States Code, to visual flight rule towers staffed by the Administration.
(b) Priority.—In selecting facilities to participate in the pilot program under subsection (a), the Administrator shall give priority to towers that—
(1) had over 200,000 in annual tower operations in calendar year 2022 or a small hub airport with more than 900,000 passenger enplanements in calendar year 2021;
(c) Controller retention.—The Administrator shall appoint to the position of air traffic controller all air traffic controllers employed as a Federal contract tower operator and assigned to the air traffic control tower pilot program as of the date of enactment of this Act so long as such operator—
(a) Reduction in subsidy cap.—Section 41731(a)(1)(C) of title 49, United States Code, is amended to read as follows:
(b) Restriction on length of routes.—
(1) IN GENERAL.—Section 41732(a)(1) of title 49, United States Code, is amended by inserting “less than 650 miles from an eligible place (unless such airport or eligible place are located in a non-contiguous State)” after “hub airport”.
(2) EXCEPTION.—The amendment made by paragraph (1) shall not apply to any contract or renewal of such contract with an air carrier for essential air service compensation under subchapter II of chapter 417 of title 49, that was—
(c) Applicant selection considerations.—Section 41733(c)(1) of title 49, United States Code, is amended—
Section 41742(a)(2) of title 49, United States Code, is amended by striking “$155,000,000 for fiscal year 2018” an all that follows through “$172,000,000 for fiscal year 2023” and inserting “$332,000,000 for fiscal year 2024, $312,000,000 for fiscal year 2025, $300,000,000 for fiscal year 2026, $265,000,000 for fiscal year 2027, and $252,000,000 for fiscal year 2028”.
(a) Same projects limit.—Section 41743(c)(4)(B) of title 49, United States Code, is amended by striking “10-year” and inserting “6-year”.
(a) Study.—The Comptroller General of the United States shall conduct a study of the change in costs of the essential air service program under sections 41731 through 41742 of title 49, United States Code.
(b) Contents.—In conducting the study required under subsection (a), the Comptroller General shall—
(1) assess trends in costs of the essential air service program under sections 41731 through 41742 of title 49, United States Code, over the 10-year period ending on the date of enactment of this Act;
(c) Report.—Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under subsection (a).
(a) Identification.—Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall identify and catalog programs, activities, or processes that require paper-based information exchange between—
(b) Digitalization.—On an ongoing basis, and as appropriate, the Administrator shall transition the paper-based processes identified under subsection (a) to processes that support secure digital information submission, exchange, collaboration, and approval.
(c) Briefing.—Not later than 60 days after completing the required identification and catalog in subsection (a), the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the programs, activities, and processes identified under subsection (a) and such programs, activities, and processes that have been identified for transition under subsection (b).
(a) In general.—The Administrator of the Federal Aviation Administration—
(1) may establish telework policies for employees that allow for the Administration to reduce the office footprint and associated expenses of the Administration, increase workforce retention, and provide flexibilities that the Administrator believes increases efficiency and effectiveness of the Administration, while requiring that any such policy—
(C) for any employee that is designated as an officer or executive in the Federal Aviation Administration Executive System or a political appointee (as such term is defined in section 106 of title 49, United States Code)—
(D) provides for on-the-job training opportunities for Administration personnel that are not less than such opportunities available in 2019;
(F) optimizes the work status of inspectors, investigators, and other personnel performing safety-related functions to ensure timely completion of safety oversight activities;
(G) provides for personnel, including such personnel performing work related to aircraft certification and flight standards, who are responsible for actively working with regulated entities, external stakeholders, or other members of the public to be—
(2) ensures that locality pay for an employee of the Administrator accurately reflects the telework status and duty station of such employee;
(3) may not establish a telework policy for an employee of the Administration unless such employee will be provided with secure network capacity, communications tools, necessary and secure access to appropriate agency data assets and Federal records, and equipment sufficient to enable such employee to be fully productive; and
(b) Congressional update.—Not later than 1 year after the date of enactment of this Act, and 1 year thereafter, the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on any telework policies currently in place, the implementation of such policies, and the benefits of such policies.
(c) Consultation.—If the Administrator determines that telework agreements must be updated to implement the requirements of subsection (a), the Administrator shall, prior to updating such agreements, consult with—
(a) FAA review.—
(b) Contents of review.—In completing the review under subsection (a), the Secretary shall—
(1) delineate the domestic office footprint into units of property, as determined appropriate by the Secretary;
(2) determine unit adequacy related to—
(A) the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and the corresponding accessibility guidelines established under part 1191 of title 36, Code of Federal Regulations; and
(B) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
(3) determine the feasible occupancy of each such unit, and provide the methodology used to make the determination;
(4) determine the number of individuals who are full-time equivalent employees, other employees, or contractors that have each such unit as a duty station and determine how telework policies will impact the usage of each such unit;
(c) Report.—Not later than 2 months after completing the review under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a final report that proposes opportunities to optimize the domestic office footprint of the Administration (and associated costs). In compiling such final report, the Secretary shall describe opportunities for—
(d) Definition of domestic office footprint.—In this section, the term “domestic office footprint” means buildings, offices, facilities, and other real property rented, owned, or occupied by the Administration or Department—
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a task force to identify ways to safely reduce covered aircraft weight for purposes of reducing fuel burn.
(b) Composition.—The task force established under subsection (a) shall consist of not more than 20 individuals and shall include representatives of—
(c) Review.—The task force established under subsection (a) shall review and evaluate—
(1) regulations, requirements, advisory circulars, orders, or other such directives of the Administration related to covered aircraft or covered aircraft operations that may inhibit certification of new materials, manufacturing processes, components, or technologies that could reduce aircraft weight or increase fuel efficiency without decreasing safety;
(2) aspects of covered aircraft design that are outdated or underutilized on the date of enactment of this Act that may unnecessarily increase covered aircraft weight or reduce aircraft fuel efficiency that are not necessary for the safe operation of such aircraft;
(d) Report.—
(1) TASK FORCE REPORT.—
(A) IN GENERAL.—Not later than 3 years after the establishment of the task force under subsection (a), the task force shall submit a report on the findings and results of the review and evaluation conducted under subsection (c) to the Administrator.
(B) RECOMMENDATIONS.—In submitting the report required under subparagraph (A), the task force shall include recommendations—
(i) on actions the Administrator may take to updated regulations, processes, advisory circulars, orders, or other such directions of the Administration to enable the certification of new materials, components, manufacturing processes, or technologies that may allow for the safe reduction of covered aircraft weight or the improvement of fuel efficiency; and
(C) APPROXIMATION OF BENEFITS.—For each recommendation made under subparagraph (B), the task force shall approximate the fuel savings that could be expected if such recommendation was adopted.
(D) SUBMISSION TO CONGRESS.—Not later than 3 days after receipt of the report required under subparagraph (A), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report and recommendations.
(2) FAA REPORT.—Not later than 120 days after submission of the report under paragraph (1), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report—
(A) describing the recommendations of the task force with which the Administrator fully concurs, partially concurs, or does not concur;
(e) Sunset.—
(f) Definition.—In this section:
(1) AIR CARRIER.—The term “air carrier” means an air carrier (as such term is defined in section 40102 of title 49, United States Code) that holds a certificate issued under part 121 of title 14, Code of Federal Regulations.
(a) Audit by inspector general.—Not later than 90 days after the date of enactment of this Act, the inspector general of the Department of Transportation shall initiate an audit of the technical writing resources and capabilities of the Federal Aviation Administration as such resources and capabilities relate to producing rulemaking, policy, and guidance, to—
(b) Review.—In conducting the review required under subsection (a), the inspector general shall evaluate the technical writing resources and capabilities of the Administration in each line of business of the Administration, the Office of Policy, International Affairs, and Environment, and the Office of the Chief Counsel, including by reviewing—
(1) the process and resources required to produce initial drafts of rulemaking, policy, and guidance documents;
(3) the amount of edits that are required throughout the production of rulemaking, policy, and guidance documents;
(c) Recommendations.—In making the recommendations required under subsection (a)(2), the inspector general shall make recommendations to the Administrator of the Federal Aviation Administration on how to improve the quality of written rulemaking, policy, and guidance documents and the speed at which such documents can be produced, internally reviewed, and approved.
(d) Deconflicting scope.—The inspector general shall ensure that the audit required under subsection (a) does not duplicate the evaluation required under section 125, except to the extent that duplication is necessary to fully evaluate the technical writing resources and capabilities of the Administration.
(e) Report.—Not later than 1 year after the inspector general initiates the audit under subsection (a), the inspector general shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the audit, including findings and recommendations.
(a) In general.—The Administrator of the Federal Aviation Administration shall ensure the participation of employees of the Administration in the activities of recognized industry standards organizations to advance the adoption, reference, and acceptance rate of standards and means of compliance developed by such organizations by the Administrator.
(b) Participation.—An employee directed by the Administrator to participate in a working group, task group, committee, or similar body of a recognized industry standards organization shall—
(2) accurately represent the position of the Administration on the subject matter of such discussions and work;
(3) contribute to the development of work products of such organization, unless determined to be inappropriate by such organization;
(4) make reasonable efforts to identify and make any concerns of the Administration relating to such work products known to such organization, including through providing formal comments, as may be allowed for under the procedures of such organization;
(c) Invitations.—
(1) IN GENERAL.—The Administrator may accept an invitation to participate in and contribute to the work of a recognized industry standards organization as described in subsection (b).
(d) Recognized industry standards organization defined.—In this section, the term “recognized industry standards organization” means a domestic or international organization that—
(1) uses agreed upon procedures to develop aerospace-related industry standards or means of compliance, particularly standards or means of compliance that satisfy Administration requirements or guidance;
(2) is comprised of members of the public, including subject matter experts, industry representatives, academics and researchers, and government employees; and
(3) has had at least one standard or means of compliance accepted by the Administrator or referenced in guidance material or a regulation issued by the Federal Aviation Administration after the date of enactment of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176).
It is the sense of Congress that the Administrator of the Federal Aviation Administration should make every effort to abide by the policies set forth in the Office of Management and Budget Circular A–119, titled “Federal Participation in the Development and Use of Voluntary Consensus Standards and Conformity Assessment Activities”.
The Administrator of the Federal Aviation Administration shall designate any aviation rulemaking committee convened under this Act pursuant to section 106(p)(5) of title 49, United States Code.
(a) In general.—Chapter 401 of title 49, United States Code, is amended by inserting after section 40118 the following:
Ҥ 40119. Sensitive security information
“(a) In general.—Notwithstanding section 552 of title 5, the Secretary of Transportation shall issue regulations prohibiting the disclosure of information obtained or developed in the process of ensuring security under this title if the Secretary determines that disclosing the information would—
“(b) Withheld information.—In carrying out subsection (a), the Secretary shall ensure that the prohibitions described in such subsection do not apply to any information provided to a committee of Congress authorized to have such information, including the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
“(c) Rule of construction.—Nothing in subsection (a) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations) to—
“(d) Nondisclosure.—Section 552a of title 5 shall not apply to disclosures that the Administrator of the Federal Aviation Administration may make from the systems of records of the Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties.”.
(b) Clerical amendment.—The analysis for chapter 401 of title 49, United States Code, is amended by striking the item related to section 40119 and inserting the following:
“40119. Sensitive security information.”.
(a) Addition of labor standards.—Section 40101 of title 49, United States Code, is amended—
(b) Update to foreign air carrier permits.—Section 41302(2)(B) of title 49, United States Code, is amended by striking “the foreign air transportation” and inserting “after considering the totality of the circumstances, including the matters described in section 40101(a), the foreign air transportation”.
Section 40110(d) of title 49, United States Code, is further amended—
(1) in paragraph (1) by striking “and implement” and inserting “, implement, and periodically update”;
(2) in paragraph (2) by striking “the new acquisition management system developed and implemented” and inserting “the acquisition management system developed, implemented, and periodically updated” each place it appears;
(5) by inserting after paragraph (3) the following:
“(4) COMMERCIAL PRODUCTS AND SERVICES.—In implementing and updating the acquisition management system pursuant to paragraph (1), the Administrator shall, whenever possible—
“(A) describe the requirements with respect to a solicitation for the procurement of supplies or services in terms of—
“(B) ensure that commercial services or commercial products may be procured to fulfill such solicitation, or to the extent that commercial products suitable to meet the needs of the Administration are not available, ensure that nondevelopmental items other than commercial products may be procured to fulfill such solicitation;
“(C) provide offerors of commercial services, commercial products, and nondevelopmental items other than commercial products an opportunity to compete in any solicitation for the procurement of supplies or services;
“(D) revise the procurement policies, practices, and procedures of the Administration to reduce any impediments to the acquisition of commercial products and commercial services; and
“(E) ensure that procurement officials—
“(i) acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the Administration;
“(ii) in a solicitation for the procurement of supplies or services, state the specifications for such supplies or services in terms that enable and encourage bidders and offerors to supply commercial services or commercial products, or to the extent that commercial products suitable to meet the needs of the Administration are not available, to supply nondevelopmental items other than commercial products;
“(iii) require that prime contractors and subcontractors at all levels under contracts with the Administration incorporate commercial services, commercial products, or nondevelopmental items other than commercial products as components of items supplied to the Administration;
“(iv) modify procurement requirements in appropriate circumstances to ensure that such requirements can be met by commercial services or commercial products, or to the extent that commercial products suitable to meet the needs of the Administration are not available, nondevelopmental items other than commercial products; and
(a) Plans and policy.—Section 44501 of title 49, United States Code, is amended—
(1) in subsection (a) by striking “development and location of air navigation facilities” and inserting “development of air navigation facilities and services”; and
(a) In general.—Notwithstanding any other provision of law, the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, may issue a certificate of authorization or waiver to a person to operate an aircraft within an area covered by a temporary flight restriction under such conditions as the Administrator may prescribe, except for airspace that is subject to a permanent, continuous flight restriction, unless the authorization or waiver is issued to, or with the concurrence of, the entity for which the flight restriction was created.
(b) Special considerations.—If a temporary flight restriction is related to a sporting event and issued pursuant to section 352 of the Consolidated Appropriations Resolution, 2003 (Public Law 108–7), the conditions prescribed by the Administrator under subsection (a) shall include the following:
(1) A minimum distance from the center of the temporary flight restriction, which shall not be greater than 0.75 nautical miles, unless the Administrator determines, on a case by case basis, that such mileage is insufficient to maintain public safety.
(2) The person may not operate an aircraft (except for a purpose described under section 352(a)(3) of the Consolidated Appropriations Resolution, 2003 (Public Law 108–7)) for a purpose that the Secretary determines is directly related to the event for which the temporary flight restriction is active.
(c) Exception.—Subsection (b)(1) shall not apply to aircraft operations associated with an aviation event or airshow for which the Administrator has granted a certificate of authorization or waiver.
(d) Briefing.—Not later than 18 months after the date of enactment of this Act, the Secretary shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation of this section, including the number and nature of certificates of authorization or waiver that have been issued under subsection (a) subject to restrictions under subsection (b).
(e) Operational purposes.—Section 352(a)(3)(B) of Consolidated Appropriations Resolution, 2003 (Public Law 108–7) is amended by inserting “(or attendees approved by)” after “guests”.
(a) Memorandum of understanding.—
(1) IN GENERAL.—Not later than 24 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration and the Commandant of the Coast Guard shall execute a memorandum of understanding governing the specific roles, delineations of responsibilities, resources, and commitments of the Federal Aviation Administration and the Coast Guard, respectively, pertaining to wing-in-ground-effect craft that are—
(2) CONTENTS.—The memorandum of understanding described in paragraph (1) shall—
(A) cover the processes the Federal Aviation Administration and the United States Coast Guard will follow to promote communications, efficiency, and nonduplication of effort in carrying out such memorandum of understanding;
(b) Special rule prohibiting Secretary from regulating certain WIG craft operators as air carriers.—Notwithstanding any other provision of law or regulation, the Secretary of Transportation may not regulate an operator of a wing-in-ground-effect craft as an air carrier (as such term is defined in section 40102(a) of title 49, United States Code).
(c) Rule of construction.—Nothing in this section shall be construed to—
(1) limit the authority of the Secretary or the Administrator to regulate aircraft that are not wing-in-ground-effect craft, including aircraft that are—
(d) Wing-in-ground-effect craft defined.—In this section, the term “wing-in-ground-effect craft” means a craft that is capable of operating completely above the surface of the water on a dynamic air cushion created by aerodynamic lift due to the ground effect between the craft and the surface of the water.
(a) Findings.—Congress finds the following:
(1) December 17, 2028, is the 125th anniversary of the first successful manned, free, controlled, and sustained flight by an aircraft.
(2) The first flight by Orville and Wilbur Wright in Kitty Hawk, North Carolina, is a defining moment in the history of the United States and the world.
(3) The Wright brothers’ achievement is a testament to their ingenuity, perseverance, and commitment to innovation, which has inspired generations of aviators and scientists alike.
(b) Sense of Congress.—It is the sense of Congress that the Secretary of Transportation, the Administrator of the Federal Aviation Administration, and the heads of other appropriate Federal agencies should facilitate and participate in local, national, and international observances and activities that commemorate and celebrate the 125th anniversary of powered flight.
The Secretary of Transportation shall request that the Secretary of Labor—
(1) review and update, as necessary, including to account for cost-of-living adjustments, the basis for the wage determination for air traffic controllers who are employed at air traffic control towers operated under the Contract Tower Program established under section 47124 of title 49, United States Code;
(a) In general.—Not later than 180 days after the date of enactment of this Act, the inspector general of the Department of Transportation shall review the coordination and approval processes of non-regulatory materials produced by the Federal Aviation Administration to improve the timeliness, transparency, development, and issuance of such materials.
(b) Contents of review.—In conducting the review under subsection (a), the inspector general shall—
(1) provide recommendations for improving processes and eliminating nonvalue-added reviews of non-regulatory materials within the Federal Aviation Administration and Department of Transportation, in consideration of the authority of the Administrator under section 106 of title 49, United States Code, and other applicable laws;
(2) consider, with respect to each office within the Federal Aviation Administration and the Department of Transportation that reviews non-regulatory materials—
(3) describe any organizational changes and additional resources that the Administration needs, if necessary, to reduce delays in the development and publication of proposed non-regulatory materials;
(4) consider to what extent reporting mechanisms and templates could be used to provide the public with more consistent information on the development status of non-regulatory materials;
(5) consider changes to the application of rules governing ex parte communications by the Administrator to provide flexibility for employees of the Administration to discuss non-regulatory materials with aviation stakeholders and foreign aviation authorities to promote United States aviation leadership;
(6) recommend methods by which the Administration can incorporate standards set by recognized industry standards organizations, as such term is defined in section 806, into non-regulatory materials to keep pace with rapid changes in aerospace technology and processes; and
(7) evaluate the processes and best practices other civil aviation authorities and other Federal departments and agencies use to produce non-regulatory materials, particularly the processes of entities that produce such materials in an expedited fashion to respond to safety risks, incidents, or new technology adoption.
(c) Consultation.—In conducting the review under subsection (a), the inspector general may, as appropriate, consult with industry stakeholders, academia, and other individuals with relevant background or expertise in improving the efficiency of Federal non-regulatory material production.
(d) Report.—Not later than 1 year after the inspector general initiates the review under subsection (a), the inspector general shall submit to the Administrator a report on such review.
The Administrator of the Federal Aviation Administration shall take such actions as may be necessary to accept, in any instance where an individual is required to submit government-issued identification to the Administrator, a digital or mobile driver's license or identification card issued to such individual by a State.
(a) Purpose.—The purpose of this section is to authorize the Secretary to issue a Deed of Release from all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed and permit the State of Arizona to deposit all proceeds of the disposition of Buckeye 940 in the appropriate fund for the benefit of the beneficiaries of the Arizona State Land Trust.
(b) Definitions.—In this section:
(1) BUCKEYE 940.—The term “Buckeye 940” means all of section 12, T.1 N., R.3 W. and all of adjoining fractional section 7, T.1 N., R.2 W., Gila and Salt River Meridian, Arizona, which property was the subject of the Quitclaim Deed between the United States and the State of Arizona, dated July 11, 1949, and which is currently owned by the State of Arizona and held in trust for the beneficiaries of the Arizona State Land Trust.
(c) Release of any and all interest in buckeye 940.—
(1) IN GENERAL.—Notwithstanding any other provision of law, the United States, acting through the Secretary, shall issue to the State of Arizona a Deed of Release to release all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed, including any and all reversionary interest of the United States in Buckeye 940.
(2) TERMS AND CONDITIONS.—The Deed of Release described in paragraph (1) shall be subject to such additional terms and conditions, consistent with such paragraph, as the Secretary considers appropriate to protect the interests of the United States.
(3) NO RESTRICTION ON USE OF PROCEEDS.—Notwithstanding any other provision of law, the State of Arizona may dispose of Buckeye 940 and any proceeds thereof, including proceeds already collected by the State and held in a suspense account, without regard to any restriction imposed by the Quitclaim Deed or by section 155.7 of title 14, Code of Federal Regulations.
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a review to identify and address aging information technology systems within the Administration.
(b) Contents.—The review required under subsection (a) shall—
(c) Mitigation.—The Administrator shall take such action as may be necessary to mitigate the vulnerabilities identified under the review conducted under subsection (a).
(d) Leveraging external expertise.—To the maximum extent practicable, the actions carried out pursuant to this section shall—
(1) be consistent with the acquisition management system established and updated pursuant to section 40110(d) of title 49, United States Code;
(e) Report.—Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the results of the review required under subsection (a).
(f) Inspector general review.—
(1) IN GENERAL.—After the Administrator completes the review under subsection (a), the inspector general of the Department of Transportation shall conduct an audit of the integrity of the information technology systems of the Administration and assess the efforts of the Administration to address the Administration’s aging information technology systems.
(a) Briefing requirement.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the radio communications coverage within the airspace surrounding the Mena Intermountain Municipal Airport in Mena, Arkansas.
(a) Study.—Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study on the efficiency and efficacy of scheduled commercial air service transiting congested airspace.
(b) Contents.—In carrying out the study required under subsection (a), the Comptroller General shall examine—
(c) Report.—Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study and recommendations to reduce the impacts to scheduled air service transiting congested airspace.
Title I of the Department of Transportation and Related Agencies Appropriations Act, 1997 (49 U.S.C. 40113 note) is amended under the heading “Administrative Services Franchise Fund” by striking “shall be paid in advance” and inserting “may be reimbursed after performance or paid in advance”.
Section 44506(f)(2)(A) of title 49, United States Code, is amended by striking “paragraph (1)(B)(ii)” and inserting “paragraph (1)(B)”.
Section 42121(b)(5) of title 49, United States Code, is amended to read as follows:
“(5) ENFORCEMENT OF ORDER.—Whenever any person has failed to comply with an order issued under paragraph (3), the Secretary of Labor and the Administrator of the Federal Aviation Administration shall consult with each other to determine the most appropriate action to be taken, in which—
“(A) the Secretary of Labor may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order, for which, in actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, injunctive relief and compensatory damages; and
Not later than December 16, 2023, the Administrator of the Federal Aviation Administration shall issue a final rule for the notice of proposed rulemaking titled “Airplane Fuel Efficiency Certification” and published June 15, 2022 (RIN 2120–AL54).
(b) Aircraft dispatching.—Chapter 447 of title 49, United States Code, is further amended by adding at the end the following:
Ҥ 44747. Aircraft dispatching
“(a) Aircraft dispatching certificate.—No person may serve as an aircraft dispatcher for an air carrier unless that person holds the appropriate aircraft dispatcher certificate issued by the Administrator of the Federal Aviation Administration.
“(b) Proof of certificate.—Upon the request of the Administrator or an authorized representative of the National Transportation Safety Board, or other appropriate Federal agency, a person who holds such a certificate, and is performing dispatching shall present the certificate for inspection.
“(c) Dispatch centers and flight following centers.—
“(1) ESTABLISHMENT.—Air carriers shall establish and maintain sufficient dispatch centers and flight following centers necessary to maintain operational control of each flight at all times.
“(2) REQUIREMENTS.—Air carrier dispatch centers and flight following centers shall—
“(A) have a sufficient number of aircraft dispatchers at dispatch centers and flight following centers to ensure proper operational control of each flight at all times;
“(d) Emergency authority for remote dispatching.—Notwithstanding subsection (c), an air carrier may dispatch aircraft from locations other than from designated dispatch centers or flight following centers for a limited period of time in the event of an emergency or other event that renders a center inoperable. An air carrier may not dispatch aircraft under the emergency authority under this subsection for longer than 30 consecutive days without the approval of the Administrator.”.
(c) Clerical amendment.—The analysis for chapter 447 of title 49, United States Code, is further amended by adding at the end the following:
“44747. Aircraft dispatching. ”.
Section 551 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44903 note) is amended—
Section 44918(b) of title 49, United States Code, is amended—
(a) In general.—Chapter 417 of title 49, United States Code, is further amended by adding at the end the following:
Ҥ 41729. Formal sexual assault and harassment policies
“(a) Requirement.—Not later than 180 days after the date of enactment of this section, each air carrier and foreign air carrier transporting passengers for compensation shall issue, in consultation with labor unions representing personnel of the air carrier or foreign air carrier, a formal policy with respect to transportation sexual assault or harassment incidents.
“(b) Contents.—The policy required under subsection (a) shall include—
“(1) a statement indicating that no transportation sexual assault or harassment incident is acceptable under any circumstance;
“(2) procedures that facilitate the reporting of a transportation sexual assault or harassment incident, including—
“(3) procedures that personnel should follow upon the reporting of a transportation sexual assault or harassment incident, including actions to protect affected individuals from continued sexual assault or harassment and to notify law enforcement when appropriate;
“(4) procedures that may limit or prohibit, to the extent practicable, future travel with the air carrier or foreign air carrier by any passenger who causes a transportation sexual assault or harassment incident; and
“(c) Passenger information.—An air carrier or foreign air carrier described in subsection (a) shall prominently display, on the internet website of the air carrier or foreign air carrier and through the use of appropriate signage, a written statement that informs passengers and personnel of the procedure for reporting a transportation sexual assault or harassment incident.
“(d) Standard of care.—Compliance with the requirements of this section, and any policy issued thereunder, shall not determine whether the air carrier or foreign air carrier described in subsection (a) has acted with any requisite standard of care.
“(e) Definitions.—In this section:
“(1) PERSONNEL.—The term ‘personnel’ means an employee or contractor of an air carrier or foreign air carrier.
“(2) SEXUAL ASSAULT.—The term ‘sexual assault’ means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.
(b) Clerical amendment.—The analysis for chapter 417 of title 49, United States Code, is further amended by adding at the end the following:
“41729. Formal sexual assault and harassment policies.”.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to examine ways in which a State, territorial, or local government may mitigate the negative impacts of commercial helicopter noise.
(b) Considerations.—In conducting the study under subsection (a), the Comptroller General shall consider—
(c) Report.—Not later than 2 years after the date of enactment of this Act, the Comptroller General shall provide to the Administrator of the Federal Aviation Administration, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the study conducted under subsection (a).
(a) Title 49 analysis.—The analysis for title 49, United States Code, is amended by striking the item relating to subtitle IX and inserting the following:
“IX. MULTIMODAL FREIGHT TRANSPORTATION............................................. 70101”.
(b) Subtitle I analysis.—The analysis for subtitle I of title 49, United States Code, is amended by striking the item relating to chapter 7.
(c) Subtitle VII analysis.—The analysis for subtitle VII of title 49, United States Code, is amended by striking the item relating to chapter 448 and inserting the following:
“448. Unmanned Aircraft Systems................................................... 44801”.
(d) Authority to exempt.—Section 40109(b) of title 49, United States Code, is amended by striking “sections 40103(b)(1) and (2) of this title” and inserting “paragraphs (1) and (2) of section 40103(b)”.
(e) General procurement authority.—Section 40110(d)(3) of title 49, United States Code, is further amended—
(f) Government-Financed air transportation.—Section 40118(g)(1) of title 49, United States Code, is amended by striking “detection and reporting of potential human trafficking (as described in paragraphs (9) and (10)” and inserting “detection and reporting of potential severe forms of trafficking in persons and sex trafficking (as such terms are defined in paragraphs (11) and (12)”.
(g) FAA authority To conduct criminal history record checks.—Section 40130(a)(1)(A) of title 49, United States Code, is amended by striking “(42 U.S.C. 14616)” and inserting “(34 U.S.C. 40316)”.
(h) Submissions of plans.—Section 41313(c)(16) of title 49, United States Code, is amended by striking “will consult” and inserting “the foreign air carrier shall consult”.
(j) Use and limitation of amounts.—Section 44508 of title 49, United States Code, is amended by striking “40119,” each place it appears.
(k) Structures interfering with air commerce or national security.—Section 44718(h) of title 49, United States Code, is amended to read as follows:
(m) Aeronautical charts.—Section 44721(c)(1) of title 49, United States Code, is amended by striking “1947,” and inserting “1947”.
(n) Flight attendant certification.—Section 44728(c) of title 49, United States Code, is amended by striking “Regulation,” and inserting “Regulations,”.
(o) Manual surcharge.—The analysis for chapter 453 of title 49, United States Code, is amended by adding at the end the following:
“45306. Manual surcharge.”.
(p) Schedule of fees.—Section 45301(a) of title 49, United States Code, is amended by striking “The Administrator shall establish” and inserting “The Administrator of the Federal Aviation Administration shall establish”.
(q) Judicial review.—Section 46110(a) of title 49, United States Code, is amended by striking “subsection (l) or (s) of section 114” and inserting “subsection (l) or (r) of section 114”.
(r) Civil penalties.—Section 46301(a) of title 49, United States Code, is amended—
(s) Payments under project grant agreements.—Section 47111(e) of title 49, United States Code, is amended by striking “fee” and inserting “charge”.
(t) Agreements for State and local operation of airport facilities.—Section 47124(b)(1)(B)(ii) of title 49, United States Code, is amended by striking the second period at the end.
(u) Use of funds for repairs for runway safety repairs.—Section 47144(b)(4) of title 49, United States Code, is amended by striking “(42 U.S.C. 4121 et seq.)” and inserting “(42 U.S.C. 5121 et seq.)”.
(a) In general.—Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Administrator of the Federal Aviation Administration, shall convene a working group (in this section referred to as the “working group”) to assist in developing best practices for transportation of an organ in the cabin of an aircraft operating under part 121 of title 14, Code of Federal Regulations, and to identify regulations that hinder such transportation, if applicable.
(c) Considerations.—In establishing the best practices described in subsection (a), the working group shall consider—
Not later than 120 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the amount of time the application approval process takes for agricultural aircraft operations under part 137 of title 14, Code of Federal Regulations.
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study on the sustainability of air cargo operations.
(b) Contents.—In conducting the study required under subsection (a), the Comptroller General shall address the following:
(1) Airport and cargo development strategies, including the pursuit of new air carriers and plans for physical expansion.
(2) Key historical statistics for passenger, cargo volumes, including freight, express, and mail cargo, and operations, including statistics distinguishing between passenger and freight operations.
(3) A description of air cargo facilities, including the age and condition of such facilities and the square footage and configuration of the landside and airside infrastructure of such facilities, and cargo buildings.
(4) The projected square footage deficit of the cargo facilities and infrastructure described in paragraph (3).
(7) A description of delays in truck bays associated with the infrastructure and critical landside issues, including truck maneuvering and queuing and parking for employees and customers.
(8) The estimated cost of developing new cargo facilities and infrastructure, including the identification of percentages for development with a return on investment and without a return on investment.
(9) The projected leasing costs to tenants per square foot with and without Federal funding of the non-return on investment allocation.
(10) A description of customs and general staffing issues associated with air cargo operations and the impacts of such issues on service.
(a) In general.—Not later than 60 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with industry and other relevant government stakeholders, shall carry out an accelerated program to assist with the development, testing, and certification of the standards and technology necessary to ensure industry and the Administration can certify, produce and meet the installation requirements for next generation radio altimeters across all necessary aircraft by January 1, 2028.
(b) Grant program.—The Administrator may award grants for the purposes of research and development, testing, and other activities necessary to ensure that next generation radio altimeter technology is developed, tested, certified, and installed on necessary aircraft by 2028, including through public-private partnership grants (which shall include protections for necessary intellectual property with respect to any private sector entity testing, certifying, or producing next generation radio altimeters under the program carried out under this section) with industry to ensure the accelerated production and installation by January 1, 2028.
(c) Review and report.—Not later than 180 days after the enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the steps the Administrator has taken as of the date on which such report is submitted and any actions the Administrator plans to take, including as part of the program carried out under this section, to ensure that next generation radio altimeter technology is developed, tested, certified, and installed by 2028.
It is the sense of Congress that aviation provides essential services critical to the United States economy and that it is important to ensure the safety and security of aviation infrastructure and protect such infrastructure from unlawful breaches with appropriate legal safeguards.
Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration shall have sole jurisdiction over the maintenance and operations of aircraft owned by civilian operators and type-certificated in the restricted category under section 21.25 of title 14, Code of Federal Regulations.
Not later than 120 days after the date of the enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Appropriations of the Senate and the House of Representatives a detailed report on any direct and indirect costs and inefficiencies associated with COVID-era telework policies at the Federal Aviation Administration.
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue guidance to part 121 air carriers relating to the expression of milk by crewmembers on an aircraft during noncritical phases of flight, consistent with the performance of the crewmember's duties aboard the aircraft. The guidance shall be equally applicable to any lactating crewmember. In developing the guidance, the Administrator shall—
(1) consider multiple methods of expressing breast milk that could be used by crewmembers, including the use of wearable lactation technology; and
(b) Definitions.—In this section:
(1) CREWMEMBER.—The term “crewmember” has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations.
(a) Study.—Not later than 90 days after the date of enactment of this Act, the Administrator of Federal Aviation Administration shall conduct a study of foreign interchange agreements.
(a) Plan.—
(1) IN GENERAL.—No later than 90 days after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall initiate the development of a plan to—
(A) expand overall Federal Aviation Administration capacity relating to facilities, instruction, equipment, and training resources to grow the number of developmental air traffic controllers enrolled per fiscal year and support increases in FAA air controller staffing to advance the safety of the national airspace system; and
(2) CONSIDERATIONS.—In developing the plan under paragraph (1), the Administrator shall consider—
(A) the resources needed to support an increase in the total number of developmental air traffic controllers enrolled at the FAA Academies;
(C) how to modernize the education and training of developmental air traffic controllers, including through the use of new techniques and technologies to support instruction, and whether field training can be administered more flexibly, such as at other Federal Aviation Administration locations across the country;
(D) the equipment needed to support expanded instruction, including air traffic control simulation systems, virtual reality, and other virtual training platforms;
(E) projected staffing needs associated with FAA Academy expansion and the operation of virtual education platforms, including the number of on-the-job instructors needed to educate and train additional developmental air traffic controllers;
(F) the use of existing Federal Aviation Administration-owned facilities and classroom space and identifying potential opportunities for new construction;
(b) Report.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the plan developed under subsection (a).
(c) Briefing.—Not later than 180 days after the submission of the plan under subsection (b), the Administrator shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the plan, including the implementation of the plan.
This title may be cited as the “National Transportation Safety Board Amendments Act of 2023”.
Section 1118(a) of title 49, United States Code, is amended to read as follows:
“(a) In general.—There are authorized to be appropriated for the purposes of this chapter $142,000,000 for fiscal year 2024, $145,000,000 for fiscal year 2025, $150,000,000 for fiscal year 2026, $155,000,000 for fiscal year 2027, and $161,000,000 for fiscal year 2028. Such sums shall remain available until expended.”.
Section 1101 of title 49, United States Code, is amended to read as follows:
(a) Training on Emerging transportation technologies.—Section 1113(b)(1) of title 49, United States Code, is amended—
(b) Additional training needs.—Section 1115(d) of title 49, United States Code, is amended by inserting “and in those subjects furthering the personnel and workforce development needs set forth in the strategic workforce plan of the Board as required under section 1113(h)” after “of accident investigation”.
Section 1113(b) of title 49, United States Code, is amended by adding at the end the following:
“(3) Direct hire authority.—
“(A) IN GENERAL.—Notwithstanding section 3304 and sections 3309 through 3318 of title 5, the Chairman may, on a determination that there is a severe shortage of candidates or a critical hiring need for particular positions, recruit and directly appoint into the competitive service highly qualified personnel with specialized knowledge important to the function of the Board.
“(B) LIMITATION.—The authority granted under subparagraph (A) shall terminate on the date that is 5 years after the date of the enactment of this paragraph.
Section 1113(g)(5) of title 49, United States Code, is repealed.
Section 1113 of title 49, United States Code, is amended by adding at the end the following:
“(h) Strategic workforce plan.—
“(1) IN GENERAL.—The Board shall develop a strategic workforce plan that addresses the immediate and long-term workforce needs of the Board with respect to carrying out the authorities and duties of the Board under this chapter.
“(2) ALIGNING THE WORKFORCE TO STRATEGIC GOALS.—In developing the strategic workforce plan under paragraph (1), the Board shall take into consideration—
“(A) the current state and capabilities of the Board, including a high-level review of mission requirements, structure, workforce, and performance of the Board;
“(B) the significant workforce trends, needs, issues, and challenges with respect to the Board and the transportation industry;
“(C) the workforce policies, strategies, performance measures, and interventions to mitigate succession risks that guide the workforce investment decisions of the Board;
“(D) a workforce planning strategy that identifies workforce needs, including the knowledge, skills, and abilities needed to recruit and retain skilled employees at the Board;
“(E) a workforce management strategy that is aligned with the mission, goals, and organizational objectives of the Board;
“(F) an implementation system for workforce goals focused on addressing continuity of leadership and knowledge sharing across the Board;
“(3) PLANNING PERIOD.—The strategic workforce plan developed under paragraph (1) shall address a 5-year forecast period, but may include planning for longer periods based on information about trends in the transportation sector.
“(4) PLAN UPDATES.—The Board shall update the strategic workforce plan developed under paragraph (1) not less than once every 5 years.
“(5) RELATIONSHIP TO STRATEGIC PLAN.—The strategic workforce plan developed under paragraph (1) may be developed separately from, or incorporated into, the strategic plan required under section 306 of title 5.
“(6) AVAILABILITY.—The strategic workforce plan under paragraph (1) and the strategic plan required under section 306 of title 5 shall be—
(a) In general.—Section 1113 of title 49, United States Code, is further amended by adding at the end the following:
“(i) Nonaccident related travel budget.—
“(1) IN GENERAL.—The Board shall establish annual fiscal year budgets for non accident-related travel expenditures for each Board member which shall be incorporated into the annual budget request of the Board.
“(2) NOTIFICATION.—The Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of any non accident-related travel budget overrun for any Board member not later than 30 days of such overrun becoming known to the Board.”.
(b) Conforming amendment.—Section 9 of the National Transportation Safety Board Amendments Act of 2000 (49 U.S.C. 1113 note) is repealed.
Section 1113 of title 49, United States Code, is further amended by adding at the end the following:
(a) In general.—Section 1114 of title 49, United States Code, is amended—
(1) in subsection (b)—
(b) Aviation enforcement.—Section 1151 of title 49, United States Code, is amended by adding at the end the following:
“(d) Notification to Congress.—If the Board or Attorney General carry out such civil actions described in subsection (a) or (b) of this section against an airman employed at the time of the accident or incident by an air carrier operating under part 121 of title 14, Code of Federal Regulations, the Board shall immediately notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of such civil actions, including—
“(e) Subsequent notification to Congress.—Not later than 15 days after the notification described in subsection (d), the Board shall submit a report to or brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the status of compliance with the civil actions taken.”.
Section 1116(c) of title 49, United States Code, is amended—
(a) In general.—Subchapter II of chapter 11 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 1120. Office of Oversight, Accountability, and Quality Assurance
“(a) Establishment.—Not later than 1 year after the date of enactment of this section, the Board shall establish in the National Transportation Safety Board an Office of Oversight, Accountability, and Quality Assurance to provide oversight of the duties and responsibilities of the Board.
“(b) Director.—
“(c) Duties.—The Director shall—
“(3) provide policy direction related to the conduct, supervision, and coordination of audits and investigations relating to the activities of the Board;
“(4) identify trends and systemic issues within the agency and create strategies and recommendations to address such issues;
“(d) Reporting criminal violations to Department of Justice.—If the Director has reasonable grounds to believe that there has been a violation of Federal criminal law, the Director shall refer the matter to the Department of Justice.
“(e) Savings clause.—Nothing in this section shall be construed to interfere or give the Office jurisdiction over any active investigation by the Board or the content of products approved by a vote of the Board.
“(f) Annual report.—
“(1) IN GENERAL.—The Director shall submit to the Board, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual report on the activities, investigations, findings, and recommendations of the Director.
(b) Clerical amendment.—The analysis for chapter 11 of title 49, United States Code, is amended by adding after the item relating to section 1119 the following:
“1120. Office of Oversight, Accountability, and Quality Assurance.”.
(c) Peer review.—Not earlier than 3 years after the date of enactment of this Act and not later than 5 years after the date of enactment of this Act, the Director of the Office of Oversight, Accountability, and Quality Assurance of the National Transportation Safety Board shall enter into the necessary arrangements with an inspector general, or similar Federal entity, to perform a peer review of the Office.
(a) Highway investigations.—Section 1131(a)(1)(B) of title 49, United States Code, is amended by striking “selects in cooperation with a State” and inserting “selects, concurrent with any State investigation”.
(b) Rail investigations.—Section 1131(a)(1)(C) of title 49, United States Code, is amended by striking “accident in which there is a fatality or substantial property damage, or that involves a passenger train” and inserting “accident, including a railroad grade crossing or trespasser accident that the Board selects, or in which there is otherwise a fatality or substantial property damage, or that involves a passenger train”.
Section 1131(e) of title 49, United States Code, is amended by striking “public at reasonable cost.” and inserting the following:
““publicSection 1131 of title 49, United States Code, is amended by adding at the end the following:
“(f) Timeliness of reports.—If any accident report under subsection (e) is not completed within 2 years from the date of the accident, the Board shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report identifying such accident report and the reasons for which such report has not been completed. The Board shall report progress toward completion of the accident report to each such Committees every 90 days thereafter, until such time as the accident report is completed.”.
Section 1134 of title 49, United States Code, is amended by adding at the end the following:
“(g) Recorders and data.—In investigating an accident under this chapter, the Board may—
“(2) require a manufacturer or the vendors, suppliers, or affiliates of such manufacturer, to provide to the Board, without delay, information the Board determines necessary to enable the Board to read and interpret any recording device or recorded information pertinent to the accident; and
“(3) require a manufacturer or the vendors, suppliers, or affiliates of such manufacturer, to provide to the Board, without delay, data and other intellectual property the Board determines necessary to enable the Board to perform independent physics-based simulations and analyses of the accident situation.”.
Section 1135(c) of title 49, United States Code, is amended by striking “public at reasonable cost.” and inserting the following:
““public—(a) Aircraft accidents.—Section 1136 of title 49, United States Code, is amended—
(1) in the heading by striking “to families of passengers involved in aircraft accidents” and inserting “to passengers involved in aircraft accidents and families of such passengers”;
(2) in subsection (a)—
(A) by inserting “within United States airspace or airspace delegated to the United States” after “aircraft accident”;
(3) in subsection (c)—
(A) in the matter preceding paragraph (1), by striking “the families of passengers involved in the accident” and inserting “passengers involved in the accident and the families of such passengers”;
(B) in paragraph (1) by striking “mental health and counseling services” and inserting “emotional, psychological, and spiritual care and support services”;
(4) by amending subsection (d) to read as follows:
“(d) Passenger lists.—
“(1) REQUESTS FOR PASSENGER LISTS BY THE DIRECTOR OF FAMILY SERVICES.—
“(A) REQUESTS BY DIRECTOR OF FAMILY SUPPORT SERVICES.—It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the air carrier or foreign air carrier involved in the accident a passenger list, which is based on the best available information at the time of the request.
(5) in subsection (g)(1) by striking “the families of passengers involved in the accident” and inserting “passengers involved in the accident and the families of such passengers”;
(6) in subsection (g)(3)—
(A) in the paragraph heading by striking “prevent mental health and counseling” and inserting “prevent certain care and support”;
(b) Clerical amendment.—The analysis for chapter 11 of title 49, United States Code, is further amended by striking the item relating to section 1136 and inserting the following:
“1136. Assistance to passengers involved in aircraft accidents and families of such passengers.”.
(c) Rail accidents.—Section 1139 of title 49, United States Code, is amended—
(1) in the heading by striking “to families of passengers involved in rail passenger accidents” and inserting “to passengers involved in rail passenger accidents and families of such passengers”;
(2) in subsection (a) by striking “National Transportation Safety Board shall” and inserting “Board shall”;
(3) in subsection (a)(2)—
(4) in subsection (c)—
(A) in the matter preceding paragraph (1) by striking “the families of passengers involved in the accident” and inserting “passengers involved in the accident and the families of such passengers”;
(B) in paragraph (1) by striking “mental health and counseling services” and inserting “emotional, psychological, and spiritual care and support services”;
(5) by amending subsection (d) to read as follows:
“(d) Passenger lists.—
“(1) REQUESTS FOR PASSENGER LISTS BY THE DIRECTOR OF FAMILY SERVICES.—
“(A) REQUESTS BY DIRECTOR OF FAMILY SUPPORT SERVICES.—It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the rail passenger carrier involved in the accident a passenger list, which is based on the best available information at the time of the request.
(6) in subsection (g)(1), by striking “the families of passengers involved in the accident” and inserting “passengers involved in the accident and the families of such passengers”;
(7) in subsection (g)(3)—
(A) in the paragraph heading, by striking “prevent mental health and counseling” and inserting “prevent certain care and support”;
(8) in subsection (h)—
(B) by adding at the end the following:
“(4) PASSENGER LIST.—The term ‘passenger list’ means a list based on the best available information at the time of the request, of the name of each passenger aboard the rail passenger carrier’s train involved in the accident. A rail passenger carrier shall use reasonable efforts, with respect to its unreserved trains, and passengers not holding reservations on its other trains, to ascertain the names of passengers aboard a train involved in an accident.”.
(d) Plans To address needs of families of passengers involved in rail passenger accidents.—Section 24316(a) of title 49, United States Code, is amended by striking “a major” and inserting “any”.
(e) Clerical amendment.—The analysis for chapter 11 of title 49, United States Code, is further amended by striking the item relating to section 1139 and inserting the following:
“1139. Assistance to passengers involved in rail passenger accidents and families of such passengers.”.
Section 1155 of title 49, United States Code, is amended—
(a) In general.—Not later than 24 months after the date of enactment of this Act, the National Transportation Safety Board shall make all records included in the public docket of an accident or incident investigation conducted by the Board (or the public docket of a study, report, or other product issued by the Board) electronically available in a publicly accessible database on a website of the Board, regardless of the date on which such public docket or record was created.
(b) Database.—In carrying out subsection (a), the Board may utilize the multimodal accident database management system established pursuant to section 1108 of the FAA Reauthorization Act of 2018 (49 U.S.C. 1119 note) or such other publicly available database as the Board determines appropriate.
(c) Briefings.—The Board shall provide the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual briefing on the implementation of this section until requirements of subsection (a) are fulfilled. Such briefings shall include—
Not later than 12 months after the date of enactment of this Act, the National Transportation Safety Board shall implement a drug testing program applicable to Board employees, including employees in safety or security sensitive positions, in accordance with Executive Order 12564 (51 Fed. Reg. 32889).
(a) In general.—Not later than 12 months after the date of enactment of this Act, the National Transportation Safety Board shall conduct an assessment of the headquarters and regional offices of the Board to determine barriers to accessibility to facilities.
(b) Contents.—In conducting the assessment under subsection (a), the Board shall consider—
(1) compliance with—
(A) the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and the corresponding accessibility guidelines established under part 1191 of title 36, Code of Federal Regulations; and
(B) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and
(a) Termination of publication.—Not later than 90 days after the date of enactment of this Act, the Chairman of the National Transportation Safety Board shall terminate publication of the Most Wanted List and any activities associated with production of any future Most Wanted List.
(b) Rules of construction.—Nothing in this section shall be construed to prohibit the Board from—
(c) Most Wanted List defined.—In this section, the term “Most Wanted List” has the meaning given such term in section 1102 of the FAA Reauthorization Act of 2018 (49 U.S.C. 1101 note).
(a) Evaluation and audit of National Transportation Safety Board.—Section 1138(a) of title 49, United States Code, is amended by striking “expenditures of the National Transportation Safety” and inserting “expenditures of the”.
(b) Organization and administrative.—The analysis for chapter 11 of title 49, United States Code, is further amended—
The Administrator may not implement or enforce any requirement that employees of air carriers be vaccinated against COVID–19.
The Administrator may not require any contractor to mandate that employees of such contractor obtain a COVID–19 vaccine or enforce any condition regarding COVID–19 vaccination status of employees of a contractor.
The Administrator may not implement or enforce any requirement that employees of the Administration be vaccinated against COVID–19.
The Administrator may not implement or enforce any requirement that passengers of air carriers be vaccinated against COVID–19.
The Administrator may not implement or enforce any requirement that employee of air carriers wear a mask.
The Administrator may not require any contractor to mandate that employees of such contractor wear a mask.
The Administrator may not implement or enforce any requirement that employees of the Administration wear a mask.
The Administrator may not implement or enforce any requirement that passengers of air carriers wear a mask.
Union Calendar No. 109 | |||||
| |||||
[Report No. 118–138] | |||||
A BILL | |||||
To amend title 49, United States Code, to reauthorize and improve the Federal Aviation Administration and other civil aviation programs, and for other purposes. | |||||
July 11, 2023 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |